Working Group 9.1 - Compulsory Purchase and Compensations in
Land Acquisition and Takings
Policy Issues
- The ownership on real property is protected by constitution in most
countries. Because of the nature of the real property the right of ownership
can, however, not be unlimited but for the society it has been reserved a right
to interfere in it when it is necessary. For example, if the society needs a
land area of a real property for a street, the owner has to convey land for that
purpose, if not voluntary then by compulsion. For this interference there are
normally strict preconditions in order to protect the functions of the free
market. The most critical point concerning expropriation may be the question of
compensation. Will the compensation statutes, valuation methods and manners
really lead to full and just compensation? The rules for compensation depend on
the legislation of each country. The main idea in most countries seems to be
that the landowner’s financial situation shall remain the same despite the
expropriation. No one should be poorer because of expropriation but also not
richer. Only economic values will be compensated but non-economic not. There are
no strict rules that the owner has to be able to purchase a similar property for
the same price as compensated although the basic idea of compensation strives to
this, and normally this can even be expected. But if that cannot be done would
it lead in some cases to an unjust situation where the landowner might even
loose his/her living possibilities? It seems that there are also many countries
where the rules or practices in compulsory purchase and compensations are still
weak and the know-how narrow. Support to knowledge in land acquisition,
compulsory purchase and compensation is needed. New perspectives and a broader
discussion could add to drivers for further development. This subject is not
covered by valuation standards so there is need for guidance from FIG. It can
contribute in developing and providing the capacity needed.
Chair
Specific Projects
- Identify the legal structures and practices in compulsory purchase and
compensation in different countries.
- Will the compensation statutes, valuation methods and manners lead to full
and just compensation or are there shortcomings?
- Find possible and effective solutions to solve the problems especially for
developing countries. What are the good ways to act and what principles,
such as equality, you should take into to consideration, and on the other
hat what are the bad examples that should be avoided?
- Give FIG recommendations for best practises and education in compulsory
purchase and compensations in land acquisition and takings.
The WG will be a joint WG with Com 9, 8 and 7. The WG will work in close
co-operation with UN-FAO.
Workshops
- A seminar to tap the potential for relevant exchange of experience between
countries and regions will be organised in Helsinki, Finland in September 6th to
8th, 2007 together with the Baltic Valuation Conference. Real-life experience
will be added to thematic analysis. Interaction between different groups of
(also new) actors will be promoted both during the preparations and by the
design of the seminar itself.
- In addition the subject will be discussed in each annual meeting.
Publications
- Technical papers presented in annual meetings
- Report on results of work group investigations and reports at Congress
2006.
Timetable
- 2006-09: research papers for Technical Sessions.
- 2007: Report from the Helsinki seminar, September 6th to 8th, 2007
- 2010: Final Report and Recommendation for Best Practice at FIG Congress.
Beneficiaries
- All FIG member organizations, UN, other professional international and
national organizations, agencies and governments.
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