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The important of land as the most basis requirement for all human activities cannot be over emphasized. In Nigeria before the production of Decree NO 6 of 1978 Land use Decree (now Land Use Acts) individual’s families and communities’ n southern states had absolute interest in land, in northern state it was communal ownership with individual guarantee a right of occupancy. The administration was however vested in the constituted authorities by the 1978 Land Used Decree all land belong vested in the various state Governors in the in federation who hold same in trust for the people.
In most community in the world land has been regarded as the most valuable and the sensitive asset according to Barlow (1978) much can be said about the basic importance of land and its resources, land provide people with living space, raw materials and with opportunity of satisfying man and food they eat for fiber and others materials needed to cloth their bodies. Land also provides housing and manufacturing goods for building recreation opportunities for scenery and open space for man use and enjoyment.
Some communities in Nigeria consider land as second to children. Umeh (1978) elaborates further that land is a fundamental of life it is the very foundation and framework on and with which social, political and economic activities of a nation function. Human life and society as we know them cannot exist without land.
The meaning of adequate compensation has different interpretations in different countries. In United States, the market value of the subject property is generally held as just compensation for the dispossessed owner (Eaton, 1995). In UK, compensation is based on the principle of value to owner that is made up of market value together with other losses suffered by the claimant (Denyer-Green, 1994). This principle is broadly followed in most Commonwealth countries and regions such as Australia (Rost and Collins, 1984) and Hong Kong (Cruden, 1986). In China, the current compensation laws are far from adequate, due to the just terms compensation principle not being in place, and has caused great discontent (Chan, 2003). Usilappan (1997, 2000) concerned payment of fair, equitable and just compensation to the affected owners. The Constitution required payment of adequate compensation and the Act provides for market value and other damages and, though these appear equitable in law, in practice the landowners still suffer. Various amendments to the Act provide the landowners lesser compensation such as compensation on planned use, relocation hardships and business losses. Most jurisdictions have done away with betterment, but in Kofan Doka the betterment.
The land acquisition statutes provide that a dispossessed landowner shall receive compensation for the loss of the assumed land. According to Rowan-Robinson, (1995), the purpose of compensation is to compel the owner to sell the right (in monetary terms) as though the land owner is in the same position as if his land had not been taken. In other words, the landowner gains the right to receive a monetary payment not less than the loss imposed on him in the public interest, but, on the other hand, no greater the underlying theme in the compensation provisions of the land acquisition statutes is to ensure that a dispossessed landowner is no worse off and no better off as a result of his eviction.
Land is acquired in Kofan Doka under the Land Acquisition Act 1960. This is a serious encroachment on the right to property by legislation, although the fact remains that over a period of time, the law has been liberalized in certain aspects Brown, 1991; Jain (1996). Nevertheless, there are still some aspects of the law which need to be modified (Jain & Xavier, 1996). Land acquisition and compensation matters are therefore entirely creatures of statute Xavier, (2001). Historically, the courts have declared that the requirement may be satisfied by expressing adequate compensation in terms of money. The problem then is to find out, how much money is required to meet the constitutional mandate that adequate compensation be paid? To solve this problem, practitioners rely upon the concept of market value that is also provided under the laws of compulsory acquisition.
The law requires in any acquisition of land that the State Authority pay adequate compensation. The term ‘adequate compensation’ is not defined. It is totally abstract; it has no meaning from a practical standpoint, unless it is related to something which has a concrete value (Graham, 1984 in Khong, 1996). Market value and adequate compensation are not defined in acquisition laws, neither has it been contended that adequate compensation and market value are the same thing. Obviously, in some cases they are not, rather the idea is that market value is the best method of satisfying the requirement that adequate compensation is paid. The idea is sound and it works well in practice (Khublal, 1994 in Khong, 1996). Therefore, it is the desire of the state to give adequate compensation based only on market evidence, and if each party involved in land acquisition will act in accordance with professional ethics, honesty and integrity, the objective of arriving at adequate compensation will be achieved based on market value (Khublal, 1994).
Dundas and Evans (2001) stated that the compensation on the market value basis is considered to be satisfactory; however, there is a feeling that an additional payment, probably a percentage of the value, should be paid to all property owners or, perhaps, only to a restricted category, such as owners/occupiers. Epstein (1998) acknowledges that pacific Rim Property Research Journal, Vol. 12, No 3 restrictions on the rights of others often serve as a form of implicit, in-kind compensation. For example, zoning restrictions in a residential neighborhood may be justified by the average reciprocity of advantage received by residential landowners. A study in Aberdeen (RICS, 1995; Rowan-Robinson et al, 1995) also recommends that a supplement should be paid. If the compensation were seen to be more generous, it could be possible to present compulsory purchase positively to the extent that, if it were sufficiently high, owners/occupiers might welcome compulsory purchase.
Based on the above discussions and the current attributes of compensation under laws of land acquisition, Therefore, the main issue of this research can be concluded as ‘To what extent the notion of adequate compensation as applied by the existing laws is concordant with the expectation of the parties involved’. Land in Kofan Doka was compulsory acquired 2017, and was compensated February 2018. According to the village head of Kofan Doka, Alhaji Yusuf Aliyu.
Statement of Problem
With the colonization of Nigeria by the British Empire and consequent establishment of Western oriented state structures and sophisticated political, economic system, things became different with the effect that the western imposition gradually usurped traditional communal title to land. This was engineered by the urgent need of the British government for administrative and commercial activities dominated essentially by the exploration of agricultural products and human slave market. To carry out these functions, there was need to acquire land for public purposes of the government namely markets, schools, offices, industries, recreational centers, residential quarters, specialist hospitals, zoological gardens etc. All these activities are big projects which needed large areas of land spanning across many communities which would require contacts and negotiations with many communities who hold tittles to the land. It is obvious that development would be hampered with the aggressive nature of land holding in the country which made it difficult for the government to acquire land easily and cheaply. Sampson J.O (2009)
Compulsory purchase compensation in Nigeria dates back to the colonial era when Lands were compulsorily purchased by the Colonial Government for some public purposes. This purpose includes development of Schools, Hospitals, Roads, and other facilities. Legislations were enacted to enable the colonial Government achieve successful compulsory purchase of Land. Odud (1978) observed that the Land Use Act is silent on the question of “Disturbance”, which may be defined as molestation or interference with a person’s right to property. Claims for Disturbance in relation to losses, which are the direct result of the compulsory taking or revocation of a claimant’s right of occupancy, which are not remote or purely speculative in nature. He further stressed that acquisition most a times the duration notice is normally very short, a land policy should state a clear term the duration for notice of revocation, as it was stated in the old public land acquisition. Kakulu, (2007) further identify that lack of transparency, lack of professional standard bad governance and underlying fabric of corruption as been accountable for inadequate assessment and compensation. It has been observed that communication gap causes a lot of problem in relationship with people, and if not well managed, may lead to negative thinking and perceptions of bundle of rights in land which are held in high esteem by man. There is the need to re -address the manner by which government acquires and compensate for land/ property owners in this country. People must not be told to relinquish their hard earned investment on land without adequate compensation. Even if the land is inherited from their fore-fathers, at least, it belongs to somebody and the owner need to decide either to do away with his title on land in terms of gifts, donation, or use it as a means of livelihood or prestige. When government is in dire need for acquisition, necessary steps should be taken to make the land owners better than worst off. Many Nigerians are suffering from stress related illnesses and nobody knows the cause. The pensioners are there suffering from non- payment of pension allowances, unemployment is there dealing with the youths, inflation is bashing our economy, and the government is here talking about free access to land without adequate compensation.
As a result of this, past or previous research often focus on the importance and the problem of an assessment on the adequacy of compensation payment, but assessment on the adequacy of compensation payment has been neglected or yet to work on . It is this regard that the researcher is inspired to access or seek to find out the status of the claimers before and after the compensation.
1. What are the procedures adopted for compensation payment in Kofan Doka Zaria?
2. What are the challenges associated with compensation payment?
3. What is the elucidate of claimant satisfaction on the compensation payment?
The study is aimed at examining the challenges involved in land compensation payment on compulsory acquired properties
1. Identify the procedures adopted for compensation
2. Identify the challenges associated with adequate compensation payment
3. To elucidate on the claimants satisfaction on the adequacy payment.
Significance of the Study
This study would help researchers to add to the body of knowledge in the field of study. It would also be of immense help to the government acquiring authority and the stakeholders in land acquisition and compensation. However the procedures of compensation payment may not always be favorable to the land owners or occupants. The study will ensure that neither the acquiring authority nor land owners suffer injustice as a result of the exercise. It is also hope that the information generated from this study shall serve as future reference data source for Government and the general public on issues regarding compensation.
Scope of the Study
This study focus on the assessment on the adequacy of compensation payment for compulsory acquired properties For the interest of public road expansion project spamming from Kofa Doka to Ungwan Lalli Zaria project between 2017-2018 and cover the period of four months.
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