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2015 | Book

Research Background and Methodology Read chapter Read first chapter

Land Rights and Expropriation in Ethiopia

Author: Daniel W. Ambaye

Publisher: Springer International Publishing

Book Series : Springer Theses

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

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About this book

This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation.

Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.

Table of Contents

Frontmatter
Chapter 1. Research Background and Methodology
Abstract
The Federal Democratic Republic of Ethiopia (FDRE) is a country located in the horn of Africa, bordering with Eritrea in the north, Sudan and South Sudan in the west, Somalia and Kenya in the south and Somalia and Djibouti in the east.
Daniel W. Ambaye
Chapter 2. Land Rights in Ethiopia
Abstract
Land is the source of all material wealth; it provides us with all our needs to sustain on. It is also a major economic asset from which people and nations get significant profit.
Daniel W. Ambaye
Chapter 3. Conceptualizing Expropriation
Abstract
Expropriation as a means of land acquisition is a recent phenomenon in the Ethiopian legal history. For the first time it was formally introduced by Emperor Menelik II when he enacted a land charter of the newly established city of Addis Ababa in 1908.
Daniel W. Ambaye
Chapter 4. Expropriation Procedure
Abstract
Expropriation procedure, also known as condemnation, is the process of implementing the taking of private property under expropriation power. Although it is said that the government has an inherent right to take private land by way of expropriation, due process of law requires following some procedural steps.
Daniel W. Ambaye
Chapter 5. Public Purpose
Abstract
Although expropriation may fall in one of the three theories of reserved right, inherent power, or consent, as discussed in Chap. 3, its exercise is restricted by two important limitations: public purpose requirement and payment of compensation.
Daniel W. Ambaye
Chapter 6. Valuation and Compensation During Expropriation
Abstract
Expropriation is a forced sale and is distinguished from confiscation in that the owner will be compensated for the property taken. Besides the requirement of public purpose, payment of compensation is the second, but equally important, limitation on the government’s power of expropriation.
Daniel W. Ambaye
Chapter 7. Conclusions and Recommendations
Abstract
This research is based on two aspects of Ethiopian land law: land rights and expropriation. By land rights, it refers to those entitlements and privileges a holder or an owner of a land enjoys and which are recognized and enforced by court of law.
Daniel W. Ambaye
Backmatter
Metadata
Title
Land Rights and Expropriation in Ethiopia
Author
Daniel W. Ambaye
Copyright Year
2015
Electronic ISBN
978-3-319-14639-3
Print ISBN
978-3-319-14638-6
DOI
https://doi.org/10.1007/978-3-319-14639-3