• Estate valuers to propose unified market-related rates The inadequacy of current compensation and acquisition practices has continued to generate concerns among practitioners because of its inability to account for the losses incurred by project-affected persons.
However, the Land Use Act is the most problematic in that it vests ownership of all land in the state through the governor, which is contrary to the reality in most communities where the people believe they have absolute ownership. “The claim is restricted to replacement cost of structures, crops, economic trees and rent, if any, paid on the land in the year of acquisition. This is restrictive and ignores issues of cost of alternative land, injurious affection, loss of income, economic and social costs of dislocation and resettlement,” he said.
He told The Guardian that the institution is already in the process of producing an updated unified market-related compensation rate schedule to be used in the industry. He said there should be adequate budgetary allocation for compensation payments and prolonged delays should be avoided as it leads to complications, litigation and project abandonment.
He emphasised that compulsory acquisition payment for land, crops and economic trees, structures, installations and other improvements is grossly inadequate. “If the purpose of the law is to ensure a just and equitable payment to all claimants for their affected properties, then valuation should be viewed on an open market basis.
He noted the lack of transparency in the valuation process after enumeration. “The current practice where everything is shrouded in secrecy to the extent that no one knows what is to be paid is unacceptable,” Odom added. Kakulu explained that the only reason for compulsory acquisition is an overriding public interest. “The public needs to be notified explicitly as to what this overriding interest is, why it overrides their constitutional rights to own land, and what the benefits to the public would be as this would get their buy-in.”
“Historically, determining compensation for land acquisition has been a subjective process, relying on surveyors’ opinions and market research. However, this approach has led to inconsistencies, disputes, and mistrust,” Mark added.Before flagging, please keep in mind that Disqus does not moderate communities. Your username will be shown to the moderator, so you should only flag this comment for one of the reasons listed above.
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