ABSTRACT

Most people think of compulsory acquisition as part of the power of the state to expropriate private land for some public purpose. While it is the state, through the parliamentary process, that provides powers of compulsory acquisition, the powers that are available in this country are wide, and go far beyond the taking of land for public projects. Land reform policies usually proceed on the basis that the ownership of land is unequal or not fairly distributed, and this produces economic inefficiencies or social tension. It is too simple to say that whenever land is taken compulsorily fair compensation should be paid. The measure of compensation must be interrelated with the policy behind the acquisition power. Thus there may be little point in having a compulsory power as a sanction if the defaulting owner is fully compensated. The last few years has seen much activity directed to the reform of the law relating to compulsory acquisition.