Compensation : Eternal Problem For Public Projects

The compensation of owners of expropriated land for public purpose has become a veritable headache.

Government to make things clear in Ordinance No. 74-3 of 6 July 1974 concerning the procedure governing the expropriation for a public purpose and the terms and conditions of compensation. The subsequent amendments in the Law of 4 July 1985 and the decree of application signed on December 16, 1987 spelt out details to avoid problems related to land got from private individuals and used for public purposes, especially projects.
Before the expropriated land is declared free and registered in the name of the State, the Minister in charge of Lands by order, declare the proposed work to be done for a public purpose and prescribes that preliminary investigation be conducted by the Senior Divisional Officer of the Division where the land to be expropriated is situated. Under the chairperson of the Senior Divisional Officer, the evaluation commission with specific terms of reference goes to work.  The populations concerned must be invited to participate in all stages of the investigation. Compensation for the expropriated land has a stated procedure and items considered. The compensation comprises the value of the crops destroyed, value of buildings and other installations and the value of underdeveloped land.
Despite the provisions of the law, compensation for land expropriated for public purposes such as roads, air and seaports, stadia, construction of public buildings and companies and other uses has been subject to real difficulties and complications. Disputes over the amount to be paid to those whose land have been expropriated and the rightful people to be paid the compensation.
In recent years, government has launched a series of infrastructure projects. There are projects such as the Y...

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