Rethinking Expropriation Law III: Fair Compensation

Author: B. Hoops; E.J. Marais; L. van Schalkwyk; N.K. Tagliarino
Publisher: Eleven International Publishing
ISBN: 9789462368774
Published In: September 2018
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,050.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book is the third of a series in which experts engage critically with the context, criteria and consequences of expropriation. It addresses the issue of fair compensation for expropriations of tenure rights in land from a comparative and interdisciplinary perspective. Not all forms of tenure entail that the land user will receive compensation for losing access to the land.

The authors shed light on who qualifies for compensation. Where a holder of tenure rights is entitled to compensation, the contributions deal with the question of whether other costs, such as income losses, costs of moving, and the loss of one's community, are compensated. The authors then address the issue of who determines the value of the incurred losses. Finally, this book deals with pressing political issues, specifically the South African debate on expropriation without compensation.

Introduction. Compensation for Expropriation (Jean du Plessis & Jacques Sluysmans)

Eminent Domain and Regulatory Takings Towards a Unified Theory (Hanoch Dagan)

Part I Who Counts?

Avoiding the Worst-Case Scenario An Assessment of Compensation Eligibility Requirements Applicable to Indigenous Peoples and Local Communities in 30 Countries (Nicholas K. Tagliarino)

Development with Impoverishment Displacement, Resettlement and Inadequate Compensation in India and Nigeria (Maartje van Eerd)

Part II What Is Counted?

Full Compensation, Fair Compensation or No Compensation in Expropriations for Land Reform A South African Perspective (Antonie Gildenhuys)

A Law-and-Economics Perspective on Fair Compensation in Transnational Land Deals in the Context of Customary Tenure Regimes (Marcello de Maria)

How the Determination of Compensation Is Influenced by the Disjunction between the Concepts of `Value' and `Compensation' (Elmien du Plessis)

Compensation Claims and the New Function of Quasi-Judicial Appraisers in Israel (Yifat Holzman-Gazit)