expropriation

Legislation & Policies
Jurisprudence
July 2016
Africa
South Africa

In this case, which was  heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment  Act 15 of 2014  was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be  lodged. However, the court found that the Parliament did not sufficiently  consult with key stakeholders including those who had successfully  lodged claims under the previous Act of 1994. 

Legislation & Policies
Jurisprudence
November 2016
Africa
South Africa

This is a judgement in the Land Claims Court which concerned the validity of land claims lodged under The Restitution of Land Rights Amendment Act 15 of 2014. This act was an amended version of the Restitution of Land rights Act 22 f 1994 which differed by extending the time frame for persons, descendants, or communities who were disposed of land after 1913 to lodge land claims.  Previously the cut-off date under the 1994 to lodge claims was 31st December 1998. Under the 2014 Act, claims could up lodged from the passing of the act until 30 June 2019.

Legislation & Policies
National Policies
Other legal document
May 2017
Africa
South Africa

 Writ­ten sub­mis­sions on the Regulation of Agricultural Land Holdings Draft Bill made to the Minister of Rural Development and Land Reform 

Reports & Research
December 2008
Cambodia

This report published in 2008, shows how, contrary to Cambodia’s obligations under international human rights law, those affected by evictions have had no opportunity for genuine participation and consultation beforehand. Information on planned evictions and on resettlement packages has been incomplete and inaccurate, undermining the rights of those affected to information, and to participate in decisions which affect the exercise of their human rights, in particular the right to adequate housing.

Reports & Research
December 2014
Cambodia

This report provides background on Cambodia's legal framework, as well as data on the granting of social land concessions, reclassification of land, the land titling program, and land disputes. Dispute resolution mechanisms are also discussed.

Legislation & Policies
June 1941
Brazil

Art. 1 A desapropriacao por utilidade publica regular-se-a por esta lei, em todo 0 territ6rio nacional.

Art. 2 Mediante declaracao de utilidade publica, todos os hens poderao ser desapropriados pela Uniao, pelos Estados, Municfpios, Distrito Federal e Territories.

§ I A desapropriacao do espaco aereo ou do sub-solo so se tornara necessaria, quando de sua utilizacao resultar prejufzo patrimonial do proprietario do solo.

Legislation & Policies
April 2005
Afghanistan

NO: (7)

Date: 14/01/1384 (03/04/2005)

 

Article 1:

 

Sections (1&3) of article (3) and articles (12, 13, 16, 17, 20 and 22) shall be amended as follow:

 

1- Under section (1) of article 3 the expression ‘railway’ shall be added after the expression ‘highways’, and the text (and schools, implementation of urban plans) shall be added after the expression (seminaries or religious schools), and under section (3) of article 3 the expression (and legal) shall be added following the expression (canonical).

Legislation
January 2003
Afghanistan

Issue: 83

Date: 18/8/1382

 

In order for the executions of the state to be uniform and integrated regarding [immovable] property across the country, and to solve the problems [faced by] people and the state in this regard, I approve  the following:

Les-habitants-font-barrage_ng_image_full.jpg
3 November 2017
Togo

Date : 02 novembre 2017

Source : Agence Ecofin

Après de longues procédures internes sans obtenir gain de cause, notamment auprès du Tribunal de première instance et de la Cour d’appel de Lomé, les habitants de 21 villages, expropriés il y a deux décennies, à l’occasion de l’érection du barrage hydroélectrique de Nangbeto, se tournent vers la justice communautaire.