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Comparative evaluation of land acquisition and compensation processes across the world

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Abstract

One of the key challenges in the development of infrastructure in India is the acquisition of land necessary for the projects. Land acquisition techniques adopted across a variety of other countries are reviewed in this paper. Although no single "best practice" exists, viewing land acquisition practices through a framework of principles, processes, and compensation mechanisms allows us to position the Indian experience within the international context.

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... Driving this process, many governments and municipalities have used eminent domain land acquisition policy as a means of procuring land for commercial and industrial development [5][6][7][11][12][13]15,16]. In India and China, for instance, land acquisition has provided an important means by which the state has been able to facilitate the growth of new industrial and residential enclaves around cities like Mumbai, Shanghai, Shenzhen and New Delhi [5][6][7]11,15,16]. ...
... Driving this process, many governments and municipalities have used eminent domain land acquisition policy as a means of procuring land for commercial and industrial development [5][6][7][11][12][13]15,16]. In India and China, for instance, land acquisition has provided an important means by which the state has been able to facilitate the growth of new industrial and residential enclaves around cities like Mumbai, Shanghai, Shenzhen and New Delhi [5][6][7]11,15,16]. Arguments in favor of using land acquisition in this way have been defended on the grounds that it expedites the acquisition of very small parcels of land (a feature that is common in many parts of Asia), thereby facilitating the establishment of industrial enclaves, free trade zones and commercial real estate [16]. ...
... In India and China, for instance, land acquisition has provided an important means by which the state has been able to facilitate the growth of new industrial and residential enclaves around cities like Mumbai, Shanghai, Shenzhen and New Delhi [5][6][7]11,15,16]. Arguments in favor of using land acquisition in this way have been defended on the grounds that it expedites the acquisition of very small parcels of land (a feature that is common in many parts of Asia), thereby facilitating the establishment of industrial enclaves, free trade zones and commercial real estate [16]. From the state's perspective, land acquisition also facilitates conversion into manufacturing, services and real estate, which can then be used to secure additional revenues in the form of land sales and land-lease arrangements with commercial investors. ...
Article
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Planned efforts to relocate human populations often entail protracted struggles over the terms on which local populations may be compensated for the loss of land, assets and livelihoods. In many instances, compensation has been established on the basis of historical market value, which in effect excludes stakeholders (e.g., encroachers, landless laborers, sharecroppers, etc.) whose livelihoods are adversely affected by land acquisition. Establishing ways of recognizing and compensating the loss of informal land and livelihood is therefore a pressing policy priority. This paper explores the challenge of compensating losses incurred as a result of rapid urban land acquisition in the Indian State of West Bengal. Drawing upon 6 months of empirical field research, it explores (1) the ways in which national and local development authorities have structured processes of land acquisition in areas surrounding Kolkata; (2) the rights and entitlements that have been used in compensating losses incurred as a result of land acquisition; (3) the degree to which local populations have been incorporated into this process; and (4) the extent to which public policy may be used in strengthening the rights of vulnerable populations to basic forms of entitlement, such as housing, employment, and social assistance.
... Land acquisition is also used as a policy instrument to correct market failures in urban development as well as implementing land use plans for sustainable development (Ding, 2007). The power of acquiring land can be exercised either through operationalisation of country constitutions or enacted legislations, requiring payment of compensation to landholders and property owners (Mahalingam and Vyas 2011). ...
... Although land acquisition or aggregation exercise is used for implementation of urban development projects as well as implementing of land use plans for sustainable development, its success requires good enacted legislations and procedures coupled with good financing mechanisms to ensure payment of compensation to affected property owners (Mahalingam and Vyas 2011). But few developing countries have conducive procedures, policies, and good financing modalities or arrangements to implement land acquisition to the desired outcomes (Ding 2007). ...
... Similarly, ordinary residents are not a hurdle in the quest for land for urban expansion. These contradict the observation that, acquisition of land or aggregation exercise for implementation of urban development projects requires good enacted legislations and procedures coupled with good financing mechanisms to ensure payment of compensation to affected property owners (Mahalingam and Vyas 2011). ...
Research
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Abstract In many developing countries’ cities the demand for land to develop public facilities and infrastructures that ensure safety and security, health and welfare, social and economic enhancement of the community has been on the rise. Seldom however, there has been a successful program that is directly funded by the government since most such projects are characterised with inadequate funds and delay in compensation payments. This study therefore, examines the implication of different financing modalities adopted during land acquisition and aggregation projects on the success of urban development projects in Dar es Salaam Tanzania. Both secondary data on 11 land acquisition projects from the Ministry of Land Housing and Human Settlements and survey data on 176 projects implementing entities were analysed to determine project success factors. The analysis was carried out in two stages; in the first descriptive statistics were provided to explain patterns and trends in land acquisition and aggregation and then logistic regression models are implemented to determine success factors for land acquisition and aggregation projects. The findings suggest that regardless of whether a project is an aggregation of land by the private sector or an acquisition project by the government, success is dependent on bridging the land gap first rather than the fund gap. The implication of this observations is that the practice of attempting to obtain fund based on paper projections of costs associated with the project are misinformed, what is important is to secure the willingness and ability of the people who hold some rights on the land before even drafting the financing proposal. Furthermore, ordinary citizens, private firms and the government as Project Affected People (PAPs) are not a hindrance to land acquisition or aggregation. Notably other categories of PAPs such as religious institutions, Community Based Organisations (CBOs) and Non-Governmental Organisations (NGOs) and other related organisation pose a challenge if they own land which is to be acquired or aggregated. The only approach which is relevant for both the government and the private sector for land aggregation of acquisition practices is Government supported Market Purchase (GMP) which addresses the administrative hurdles through the government invoking its power of eminent domain while the problem of budgetary constraints is resolved by involving the private sector. Land aggregators and even the different government agencies involved in land acquisition are cautioned by the finding of this study that funding should not be the primary target rather land. Similarly, voluntary contribution of land which is advocated in the literature as an important factor in success of land acquisition project has been observed to be detrimental to the land aggregation and acquisition practices in Dares Salaam. In fact relying on voluntary contribution of land is prone to delays as people often give-up small and marginal pieces of land which end-up being inadequate or difficult to develop. Partner contribution and general public contributions of cash are significantly associated with failed land aggregation and acquisition projects hence should also be avoided.
... A majority of the infrastructure projects in India are significantly delayed due to land acquisition issues (Iyer & Sagheer, 2010;Sawhney, Agnihotri, & Paul, 2014;Thomas, Kalidindi, & Ananthanarayanan, 2003). The process of acquiring land in India is very time consuming and can take up to three years, even when resistance is absent (Mahalingam & Vyas, 2011). Land acquisition policy in India, as in China, advocates "reasonable compensation" for direct losses, meaning that only the value of the land will be compensated in contrast to the "value to the owner" principle followed in Australia and Hong Kong and the "just compensation" policy followed in the United States and United Kingdom (cf. ...
... Land acquisition policy in India, as in China, advocates "reasonable compensation" for direct losses, meaning that only the value of the land will be compensated in contrast to the "value to the owner" principle followed in Australia and Hong Kong and the "just compensation" policy followed in the United States and United Kingdom (cf. Mahalingam & Vyas, 2011, for a comparison of land acquisition in India with other countries). Bureaucratic inertia (Sawhney et al., 2014), permit risks (Iyer & Sagheer, 2010), and lack of support (Thomas et al., 2003) are also stressed as critical factors for the delay in infrastructure projects in India. ...
... 1. Recruiting on a contractual basis-The project team was able to convince certain stakeholders using rational persuasion because the project organization hired employees on a contractual basis. In India, government officials are often concerned about being investigated by anticorruption agencies for paying extra compensation to landowners and tend to be very conservative in their calculations (Mahalingam & Vyas, 2011). However, since these project team employees were recruited on a contractual basis, they had more freedom to act. ...
Article
Megaprojects involve managing external stakeholders with diverse interests. Using an Indian megaproject case study, we discuss how the project managed external stakeholders through strategies such as: persuasion, deputation, give and take, extra work for stakeholders, and flexibility. Drawing from theories and frameworks of power, we explain how these strategies emerge through a process of tactical clustering. We also analyze the resources available to the project team—such as recruitment discretion, government backing, and fund discretion—that influence these power dynamics and enable these strategies. We posit that changes in the resource base can significantly affect strategic action and, in turn, megaproject outcomes.
... That in turns leads to land acquisition processes and the relocation of poor people living in such urban areas [3][4][5][6][7]. In some countries, the power of eminent domain or land acquisition for the public interest is used as justification for the acquisition of land for such urban redevelopment projects [7,8]. ...
... This African city is an ideal case to study. Largely driven by the ambition of implementing its Master Plan, Kigali has embarked on massive urban redevelopment projects involving compulsory land acquisitions in long-standing informal settlements [8,27]. Recently, the local authorities introduced a policy of in-kind compensation (in the form of replacement houses) as a strategy that will not only benefit the informal settlement households affected by land acquisitions but also will help to quickly achieve other urban priorities such as increasing the housing stock for low-income people and eradicating informal settlement proliferation in the context of implementing Kigali's Master Plan. ...
... On the other hand, many other informal settlements in Kigali occupy prime land that is attractive to investors for real estate development. Such settlements are in other cases targeted by redevelopment projects and land acquisitions justified as being in the public interest through joint public and private efforts [8,66]. The Rwandan constitution is the primary legal instrument that governs access to land. ...
Article
Full-text available
In many cities and urban areas in Africa, land acquisition for urban redevelopment, land readjustment, and resettlement of affected urban residents are currently framed as innovative approaches to eradicating informal settlements, improving the living environments, and supporting the implementation of newly adopted city Master Plans. Nevertheless, it is not yet known how the responses of institutions and affected people shape these processes. Based on research conducted in Kigali, Rwanda, this article discusses affected residents’ responses to land expropriation and resettlement necessary for urban redevelopments. Our findings show that affected informal settlement dwellers voiced their concerns over the deviations from the Expropriation Law, compensation decision-making made behind closed doors, lack of transparency in property valuation, and compensation packages that they perceive to be unfair. Some of the consequences of these concerns are strong feelings of unfairness, exclusion, and marginalisation; distrust and increased perceptions of impoverishment risks, all of which fuel contestation and resistance attitudes among the affected landowners. The affected landowners agitate to assert their rights and stake their claims through contestations, community mobilisation, and legal recourse. We conclude that such contestations constitute claimed spaces and interactions in which affected landowners are laying claim to fair processes against the ‘’exceptionality’’ and the “decide-defend” decision-making approaches, while local authorities assert legitimacy of their decisions. Critically, informal households affected by urban redevelopments see opportunities for participation in their resettlement decision-making as fundamental to securing their future.
... CLA is however, considered inequitable, coercive; a method that necessitates displacement of people, and permanently delinks property owners from their economic, social, and cultural networks. These shortcomings are associated with lack of land owners consultation (Mahalingam and Vyas 2011, Ogaboh et al. 2010, Syagga 1996 or unsystematic public consultation and poor information disclosure patterns. Many projects may be delayed at different stage including preparation, planning, valuation and even compensation payment (Mahalingam and Vyas 2011,) especially when land to be acquired is very big. ...
... These shortcomings are associated with lack of land owners consultation (Mahalingam and Vyas 2011, Ogaboh et al. 2010, Syagga 1996 or unsystematic public consultation and poor information disclosure patterns. Many projects may be delayed at different stage including preparation, planning, valuation and even compensation payment (Mahalingam and Vyas 2011,) especially when land to be acquired is very big. There are also evidence that compensation paid in CLA in many developing countries is usually unsatisfactory either due to time delay between determining compensation or due to a failure to sufficiently account for non-market values such as cultural assets, social cohesion, psychological costs and market access (Cernea 2008). ...
... To achieve this, the International Valuation Standards (IVS, 2017) requires the use of market value and advocate for proper valuation approach towards an objective compensation assessment. Valuation process for compensation during CLA takes place within different legal, cultural, socio-economic, political and historical environments, which influence carrying of the process by the responsible actors (Mahalingam and Vyas 2011).Compensation assessment is usually influenced by local and national statutes, enactments or laws which set the basis upon which procedures and compensation assessment methods may be applied. The principles or philosophies that guide land acquisition and compensation in most countries can be classified into three main categories: ...
Article
Full-text available
Compulsory land acquisition tool facilitates obtaining of land for provision of infrastructures and development projects. Its successful implementation requires adoption of good governance merits such as participation, transparency, rule of law and accountability for better livelihood rebuilding of project affected people. This research evaluates socioeconomic impacts of the tool on affected people after relocating to new settlements through interviews, focus group discussions and field observations. Results show that, the tool worsens the livelihood of PAPs both economically and socially due to limited transparency, accountability and the rule of law resulting into delayed payment of compensation plus little payments. Consequently, most PAPs failed to rebuild their livelihoods after relocation coupled with loss of occupation; living in unfinished houses; declined income levels; social nets breakup and loss of access to adequate services. All these calls for proper planning of the programs while upholding the principles of good governance and community participation.
... Land acquisition is also used as a policy instrument to correct market failures in urban development as well as implementing land use plans for sustainable development (Ding, 2007). The power of acquiring land can be exercised either through operationalisation of country constitutions or enacted legislations, requiring payment of compensation to landholders and property owners (Mahalingam and Vyas 2011). ...
... Although land acquisition or aggregation exercise is used for implementation of urban development projects as well as implementing of land use plans for sustainable development, its success requires good enacted legislations and procedures coupled with good financing mechanisms to ensure payment of compensation to affected property owners (Mahalingam and Vyas 2011). But few developing countries have conducive procedures, policies, and good financing modalities or arrangements to implement land acquisition to the desired outcomes (Ding 2007). ...
... Similarly, ordinary residents are not a hurdle in the quest for land for urban expansion. These contradict the observation that, acquisition of land or aggregation exercise for implementation of urban development projects requires good enacted legislations and procedures coupled with good financing mechanisms to ensure payment of compensation to affected property owners (Mahalingam and Vyas 2011). ...
Preprint
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In many developing countries’ cities the demand for land to develop public facilities and infrastructures that ensure safety and security, health and welfare, social and economic enhancement of the community has been on the rise. Seldom however, there has been a successful program that is directly funded by the government since most such projects are characterised with inadequate funds and delay in compensation payments. This study therefore, examines the implication of different financing modalities adopted during land acquisition and aggregation projects on the success of urban development projects in Dar es Salaam Tanzania. Both secondary data on 11 land acquisition projects from the Ministry of Land Housing and Human Settlements and survey data on 176 projects implementing entities were analysed to determine project success factors. The analysis was carried out in two stages; in the first descriptive statistics were provided to explain patterns and trends in land acquisition and aggregation and then logistic regression models are implemented to determine success factors for land acquisition and aggregation projects. The findings suggest that regardless of whether a project is an aggregation of land by the private sector or an acquisition project by the government, success is dependent on bridging the land gap first rather than the fund gap. The implication of this observations is that the practice of attempting to obtain fund based on paper projections of costs associated with the project are misinformed, what is important is to secure the willingness and ability of the people who hold some rights on the land before even drafting the financing proposal. Furthermore, ordinary citizens, private firms and the government as Project Affected People (PAPs) are not a hindrance to land acquisition or aggregation. Notably other categories of PAPs such as religious institutions, Community Based Organisations (CBOs) and Non-Governmental Organisations (NGOs) and other related organisation pose a challenge if they own land which is to be acquired or aggregated. The only approach which is relevant for both the government and the private sector for land aggregation of acquisition practices is Government supported Market Purchase (GMP) which addresses the administrative hurdles through the government invoking its power of eminent domain while the problem of budgetary constraints is resolved by involving the private sector. Land aggregators and even the different government agencies involved in land acquisition are cautioned by the finding of this study that funding should not be the primary target rather land. Similarly, voluntary contribution of land which is advocated in the literature as an important factor in success of land acquisition project has been observed to be detrimental to the land aggregation and acquisition practices in Dares Salaam. In fact relying on voluntary contribution of land is prone to delays as people often giveup small and marginal pieces of land which end-up being inadequate or difficult to develop. Partner contribution and general public contributions of cash are significantly associated with failed land aggregation and acquisition projects hence should also be avoided.
... Specialised governance structures entail high-level regulation which is also associated with corruption, further inflicting negatively on restrictive city structure (Kaufmann et al., 2018). This form of governance is mirrored in Compulsory Land Acquisition (CLA) which is a realisation of eminent domain which is vested to the state authority over property (Mahalingam & Vyas, 2011). It involves seizing all the stick in the bundle of rights for a public purpose, without the willing consent of its owner or occupant (Bell, 2009;Mittal, 2013). ...
... Despite its widespread application, CLA leads to capricious redistribution because landowners are entitled only to the "fair market value" of their land, not to any of their subjective surpluses or any of the subsequent development value (Heller & Hills, 2008). In additional to that, landowners are rarely consulted during acquisition (Mahalingam & Vyas, 2011) or there is unsystematic public consultation and poor information disclosure patterns (Asian Development Bank, 2009) and under urgency situation, the government may invoke special powers and skips the stakeholder consultation stage (Singh, 2011). Furthermore, under CLA, dispossessed landowners cannot share in the downstream benefits of the project (Mahalingam & Vyas, 2011). ...
... In additional to that, landowners are rarely consulted during acquisition (Mahalingam & Vyas, 2011) or there is unsystematic public consultation and poor information disclosure patterns (Asian Development Bank, 2009) and under urgency situation, the government may invoke special powers and skips the stakeholder consultation stage (Singh, 2011). Furthermore, under CLA, dispossessed landowners cannot share in the downstream benefits of the project (Mahalingam & Vyas, 2011). Many projects may be delayed in different stage including preparation, planning, valuation and even compensation payment (Asian Development Bank, 2008;Mahalingam & Vyas, 2011;Makupa & Alananga, 2018;Raghuram et al., 2009), especially when land to be acquired is very huge (Ministry of Finance, Planning and Economic Development (Uganda), 2015); and most importantly is that CLA may be used to obtain land for private development in the disguise of "public purpose". ...
Article
Full-text available
In urban development projects, the amount of land needs to be large enough to support not only the intended development but also the subsequent well-functioning of the neighbourhood through enhanced accessibility, service provision and liveability in general. Obtaining land for public goods and services at neighbourhood level may however be difficult especially in developing countries' cities where the formal-informal continuum hampers the effective urban planning and development. This is attributed to the fact that a larger part of land in these cities is occupied and any public good or service provision initiative must be through either compulsory land acquisition or land aggregation approaches. In either approach there are pros and cons towards realising the well-functioning of the neighbourhood in terms accessibility, recreation, social services and other public amenities. Based on non-parametric tests of neighbourhood functionality differences across land access modalities, the survey data across wards in Dar es Salaam City, Tanzania it has been revealed that government action through compulsory acquisition of land may be justifiable in as much as the functioning of social and physical infrastructure is concerned but can limitedly be relied upon in making such facilities available in the first place. Voluntary contribution of land, open market purchase and even the voluntary contribution of cash are working better than compulsory acquisition of land for that purpose. Further evidence alludes to the fact that compulsory acquisition of land is not only detrimental to neighbourhood social networks but also can worsen neighbourhood level economic opportunities. As such alternatives to compulsory acquisition need be used in well-developed inner city neighbourhoods while some combination of compulsory or voluntary land and cash contributions are well suited in outskirt neighbourhoods.
... In some states, like Punjab and Haryana, where most of the land is irrigated, it would be almost impossible to acquire any land under the 2013 Act as irrigated and double cropped lands cannot be acquired under normal circumstances (Sathe, 2015). It is also difficult to determine the value of land due to role of expectations, corruption, passive or absent land market, post-transaction appreciation of land prices and alternative uses of land (Mahalingam & Vyas, 2011). This is also true of the Haryana model of compensation for acquisition which provides not only higher than market price but also an annual payment to farmers for the future enhanced value of the land although there is no mechanism to determine the future value to determine annuity (Marjit, 2010). ...
... On the other hand, in many countries such as Peru, Singapore and Japan, land is acquired and compensation determined through discussions with stakeholders. In some other countries, compensation paid for land is much more than the value of land as it disturbs livelihoods and raises costs, for example, social subsidy in Brazil and special compensation in the United Kingdom (Mahalingam & Vyas, 2011). The issue with determining compensation for farmers is that the price of the land acquired and that in the neighbourhood shoots up immediately after acquisition and, therefore, farmers feel cheated. ...
... But on the compensation front, there is perhaps need to have floor or minimum prices for different areas-urban and rural and semi-urban and irrigated and non-irrigated land on the pattern of what Haryana has proposed and implemented (Chakravortry, 2011). Further, innovative approaches like giving back some part of acquired land to original owners after development, shares in new projects on acquired land/ project and involving local non-government organisations in determining the value of land could be useful as has been the case in some parts of India (Mahalingam & Vyas, 2011). Compensation should include allocation of alternative land to the extent possible. ...
Article
Land continues to remain important for production and rural livelihoods in developing economies like India. But, globalisation and liberalisation in these economies has brought up land as an important policy issue as various stakeholders lay claims to it as never before. Although India is not a victim of land grab unlike many African and Asian countries, there has been a rush for acquiring and retaining land for various purposes which has led to local level conflicts. This article examines the question of acquisition of land in its scarcity context in India. It attempts to understand the process of land acquisition and the role of the state at various levels, as it is a state (provincial) subject in India. It examines various facets of land acquisition Act for their fairness and equity aspects including the proposed and now withdrawn amendments to it. The article proposes and examines alternative mechanisms and options to manage land resource in a sustainable way and yet avoid land-related conflicts.
... The estimated value of property under the CA is flawed and unscientific because in the distorted land markets of India, land prices are starkly understated in the registered sale deeds. Additionally land use restrictions (requirement of non-agricultural clearance 4 ), specific land quality characteristics like fertility and location render correct valuation very complicated (Bose, 2013;Ministry of Rural Development, 1996;Singh, 2012;Vyas & Mahalingam, 2011). The second compensation claim method, GA, is an alternative specialised dispute settlement award, which has a low initial compensation but scope for judicial arbitration for higher compensation. ...
... It has been termed as un-democratic and anti-landowner by researchers (Asif, 1999;Bose, 2013;Choudhury, 2013). There is hardly any provision of negotiation with landowners (Vyas & Mahalingam, 2011). The process of acquisition and compensation is slow, and the method of compensation estimation is controversial. ...
... The process of acquisition and compensation is slow, and the method of compensation estimation is controversial. Additional problems include rent seeking, bureaucratic delays, lack of clarity in definition of important terms, and enforcement (Debnath, 2008;Pandey & Morris, 2007;Vyas & Mahalingam, 2011). Due to these, the Act poses an enhanced risk of impoverishment and marginalisation of landowners in many cases (Cernea, 1990;Fernandes, 1998). ...
Article
This paper provides an access based explanation of why institutional arrangements of compensation provision for land acquisition often fail to effectively rehabilitate displaced farmers in a developing country context like India. Farmers have a right to claim compensation in case of land takings, which specifies two methods of claim: consent method and arbitration method. Literature indicates that farmers’ choice between the two methods has a significant impact on the compensation they receive. Using a binary response model on a primary dataset of 199 displaced farmers from Upper Krishna Irrigation Project, India, we analyse the determinants of this choice. We validate ‘access based’ hypotheses in choice of compensation and test whether in addition to allocated property rights, benefits actually depend on the ‘access mechanisms’ farmers have. Results suggest that the choice is governed by access to social identity and information. Therefore, farmers lacking these fail to get resettled despite the presence of a policy framework aimed at their rehabilitation.
... Senior managers of manufacturing companies consistently rank difficulties in acquiring land as one of the top priority areas to be tackled by the government (CII-BCG, 2012;FICCI, 2011). Acquiring land can take up to three years even in the absence of resistance from local communities (Mahalingam and Vyas, 2011). For about 70% of the delayed infrastructure projects, land acquisition is the main cause of delay (IDFC and 3i Network, 2009;Ernst & Young and FICCI, 2012). ...
... This contrasts with the approach in the Philippines and Singapore where government agencies and developers first negotiate with stakeholders to arrive at a mutually acceptable compensation package and thereby gain trust of the local communities. If such negotiations fail, the agencies then resort to acquisition based on predetermined legal formulae (Mahalingam and Vyas, 2011). ...
Working Paper
Full-text available
The manufacturing sector has contributed little to income growth and its share in total merchandise exports has been declining. Manufacturing has not brought much new employment, and most of the recent rise in manufacturing employment has been in the informal sector, where workers are not covered by social security arrangements. Productivity of the manufacturing sector is low, partly because the relatively small size of manufacturing firms makes it difficult to exploit economies of scale. Despite abundant, low-skilled and relatively cheap labour, Indian manufacturing is surprisingly capital and skill intensive. Furthermore, firms have little incentive to grow, since by staying small they can avoid taxes and complex labour regulations. Land acquisition is slow, companies face frequent power outages and transport infrastructure is below par. This is especially harmful as manufacturing is highly reliant on well-functioning infrastructure. Stronger manufacturing would increase productivity and make growth more inclusive, while contributing to improved current account balance. In particular, India should aim for more formal jobs, as these tend to be the most secure and of highest productivity.
... Expropriation problems usually arise when (1) compensation is undervalued, (2) compensation is delayed, (3) compensation is not provided to displaced people, (4) the decision to pay compensation is disregarded, and (5) laws with controversial provisions are utilized. To identify the fundamental sources of the first two challenges, studies have shown that improper property valuation methods are the main causes (Asian Development Bank, 2007;Cernea, 2008;Mahalingam & Vyas, 2011;Famuyiwa & Omirin, 2011;Pilosof, 2016;Tagliarino, 2017). Legal frameworks with controversial indices may lead to erroneous assessment and denial of compensation. ...
... Thus, the guiding principle behind the indemnity theory is that expropriatees must neither gain nor be burdened because of the compulsory acquisition of their property(ies) (Mahalingam & Vyas, 2011;Marboe, 2014). In this regard, compensable heads of claim must be for the property (land and all improvements (Food and Agriculture Organization of the United Nations, 2017) and intangible value aspects such as disturbance allowance, solatium, severance and injurious affection (Rao, Tiwari & Hutchison, 2017). ...
Conference Paper
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Compensation for expropriation in Zimbabwe has been characterised by protracted disputes. Discovering a pragmatic way of resolving the decades-long compensation disputes is the main motivation for this study. Thus the existing expropriation and compensation processes were examined using the principles of procedural fairness. The principles included representativeness, neutrality, accountability, consistency, correctability and grievance management. Data were collected through literature and questionnaire surveys. Accordingly, two approaches were used for data analyses; (1) the content analysis with the aid of Atlas.ti8 was used for the literature survey, while (2) the thematic analysis was used for the questionnaires survey. The results show that the current expropriation and compensation processes do not meet the standards of procedural fairness. While the paper adds to the growing debates on procedural fairness in compulsory acquisition and compensation, results can be incorporated into the existing statutes that Parliament of Zimbabwe is currently working to align with the 2013 constriction.
... Land expropriation has led to concerns about adverse impacts on populations whose lands are lost (Mahalingam and Vyas, 2011;Ty et al., 2013). While much research has focused on issues concerning compensation for land-expropriated people, few researchers have examined the perspectives of the different stakeholders involved in the land acquisition and compensation process. ...
... Pakistan adopts fixed rates of compensation in order to prevent speculation through which land-expropriated people acquire more land in order to get more compensation (Hull, 2008). The land acquisition process in India is neither consultative nor transparent, and compensation, resettlement and rehabilitation packages offered to former landowners are often outdated, inadequate or based on artificially low land values and are keenly contested (Mahalingam and Vyas, 2011). There is a big gap between policy and practice of compensation and resettlement policy in Vietnam (Dao, 2010), with procedures followed inadequately and little attention to due process. ...
... Land acquisition is also used as a policy instrument to correct market failures in urban development as well as implementing of land use plans for sustainable development (Mpogole and Kongela, 2008;Ding, 2007). The power of acquiring land can be exercised either through operationalisation of country constitutions or enacted legislations, requiring payment of compensation to landholders and property owners (Mahalingam and Vyas 2011). ...
... This is also accompanied by negative consequences to those displaced from the land in most projects (Ndjovu 2016, Kusiluka et al. 2011, Cernea 2008. Most laws both for developed and developing countries including international guidelines require payment of full or fair and prompt compensation to project affected people (PAPs) during land acquisition (Mahalingam and Vyas 2011, Lupala and Chiwanga 2014, Kelly 2006 but adherence to these procedures in most cases has been difficult. This is also accompanied byinadequate compensation payments, lack of community involvement, ineffective laws and unfair procedures during land acquisition process (German et al. 2011, Msangi 2011, Cernea 2000. ...
Article
Full-text available
Despite a comprehensive regulatory framework on land matters, compulsory land acquisition in Tanzania has been associated with complaints and delays in compensation payments an indication that good governance principles might not be under serious consideration. This paper evaluates land acquisition practices in Tanzania in the light of good governance principles based on interviews and focus group discussions with project affected people and government officials who were involved in Luguruni Satellite Town Project in Dar es Salaam. It was observed that failure to observe good governance principles was one of the major reasons for dissatisfaction among affected people due to lack of adequate and clear information about the project, little participation, inadequate compensation and non-adherence to procedures. Enforcement of governance principles would have facilitated the smooth implementation of compulsory land acquisition thereby reducing conflicts and enhance PAPs chance to voluntarily relocate.
... There is a general agreement that the process of estimation and implementation of compensation for land acquisition is somewhat arbitrary, making it impossible to determine the optimal monetary payout (Ghatak and Mookherjee, 2014;Singh, 2012;Vyas and Mahalingam, 2011). This arbitrariness is related, in part, to the fact that participation of landowners in the design of compensation packages is generally very low. ...
... The author cautions that ignoring this during the process of land acquisition and compensation could lead to inappropriate valuation of land. However, Awasthi (2014) presumes that farmers only value land in monetary terms, leaving the role of preferences for non-monetary land value unacknowledged, in spite of ample evidence that landowners (in India, in particular, and globally) have a preference for non-monetary options such as housing, land, jobs and/or self-employment (Agarwal and Agrawal, 2017;Cernea, 1997, Dinda, 2015Dwivedi, 2002;Vyas and Mahalingam, 2011). ...
Article
Land acquisition policies, upon which future land use patterns in India depend, are controversially tied to the question of whether to provide monetary or non-monetary compensation to affected landowners. However, turning to the preferences of landowners for answers only serves to complicate matters, as these are not homogenous on the question. This implies there is a need to identify the underlying factors giving rise to this preference heterogeneity, in order to develop more effective and efficient policy. This paper aims to address this gap using a contingent ranking experiment to study landowner disposition toward a range of compensation options, presented in a survey conducted in an ‘about-to-be-submerged’ region of a large, multi-stage irrigation project in India. Rankings were based on a selection of six compensation options, constituting different combinations of the attributes - cash, land, housing and self-employment. While the results suggest that landowners generally prefer non-monetary compensation, both the size of landholding and level of education of the landholder appear to influence the preferences for different compensation options. We find that landowners with more land or education tended to favour monetary compensation, while those with lower education or less land tended to favour housing and self-employment options. We close the text by exploring possible explanations for this specific form of heterogeneity, including access to information, to networks and capacities for income generation, and providing some reflections on the implications of these results for ensuring that rehabilitation and resettlement policies are both well targeted and effective.
... Any attempts at compensation thus require a broader and richer understanding of land in the lives of the people involved in resettlement. Land is considered a part of the culture for the native people (Jehom, 2008) representing security and standing in society (Mahalingam and Vyas, 2011). Thus valuation of land requires the consideration of the non-use value aspects of land. ...
Article
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Land compensation arising from relocation is a contested issue due to a lack of agreement on the levels of compensation by settlers. The effects of use values and non-use values on land compensation gap in Bakun Hydroelectric Dam in Sarawak, Malaysia are examined in this study. Multinomial Logit econometric estimators are used to examine the land compensation gap experienced by 379 settlers resettled as a result of the development project. The relationship between use values and non-use values in determining the land compensation gap is presented in the study. The gap is important in determining the satisfaction of settlers with regard to relocation. The findings can be used for better formulation of compensation policies in the case of large development projects.
... Land acquisition bills have been amended on numerous occasions to safeguard collective bargaining power of land owners, such as in Rio de Janeiro, Brazil (Rossbach, 2014). In a similar vein, Indonesia and Sri Lanka recently amended land acquisition bills both to increase private sector investments in the economy and, at the same time, protect the interest of rural landowners (Mahalingam & Vyas, 2011). ...
Article
This study identifies whether people evicted for industrialisation purposes are worse-off in the long-run. The study focuses on the establishment of the Falta special economic zone in 1984 in West Bengal, India. Using household survey data, the results indicate that the displaced are not worse-off three decades after their displacement and resettlement. There is, however, some evidence that the displaced did not receive adequate land compensation or property rights on their new land and dwellings. There is also evidence that cash compensation policies were skewed, to the disadvantage of large landowners. We also identify three factors which possibly led to resilience among the displaced households: the creation of employment opportunities at the industrial park, gradual erosion of the gender gap in education and labour market participation, and large(r) household size. Overall, we do not find that the adverse effects of displacement and inadequate compensation persist in the long run.
... However, the LAA 1894 has been criticized for providing inadequate compensation and for failure to effectively rehabilitate the displaced (Economic and Political Weekly Editorials, 2011, p. 9;Fernandes, 1998;Mathur, 2006a;Singh, 2012). One important underpinning of this criticism was that the compensation in LAA 1894 was tied to a historical registered land value, typically much below the going market price, since land owners deliberately report low values in order to avoid high stamp duties 2 (Singh, 2012;Vyas & Mahalingam, 2011). ...
Article
In this article, we show how transaction costs lead to farmer marginalization as displaced farmers embark on the process of acquiring new land. Existing studies have focused on the links between monetary compensation and landowners’ investment decisions, but before new land is acquired. However, the post-displacement scenario and the investment decisions of land owners to restore income have not been carefully examined. We use a transaction cost framework to suggest that local specificities related to land characteristics, uncertainties in search for alternatives and information constraints may impose high non-monetary costs on displaced farmers and force them to settle for inferior new land. The article concludes with a preliminary assessment of whether the newly enacted land acquisition framework, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act 2013, promises to minimize these ex-post transaction costs that farmers face.
... Land Acquisition Act 1894 (LAA 1894) is a well drafted and well served piece of legislation that served land acquisition purpose for more than a century. In general land acquisition is composed of three macro-processes (Mahalingam and Vyas 2011): ...
Article
Full-text available
Land acquisition is essential for the development of a country in order to provide employment, social infrastructure, physical infrastructure and other public amenities. In India, Land Acquisition has been brought out by a set of legislations: (i) the Land Acquisition Act, 1894, which was imposed during the British rule (ii) the Land Acquisition, Rehabilitation and Resettlement Bill, 2013 brought out by the United Progressive Alliance (UPA) Government, which was different in several aspects as compared to 1894 Act; (iii) the Land Acquisition, Rehabilitation and Resettlement Ordinance, 2015 brought out by the National Democratic Alliance (NDA) government, which has changed many clauses of the 2013 Act. This paper makes a comparative analysis of the Land Acquisition Acts in India through a discussion of the various provisions and also the case analysis of the effect of differences of the Act provisions for three different development projects requiring land. The case analysis points to the need for addressing ground level issues in order to make land acquisition successful.
... Security of tenure (Alananga, 2018). In countries where informally held land rights, especially in rural-urban transition zone, or traditional rural land rights are being formalised, ineffective community participation may also lead to serious lack of awareness and inefficiency in land administration practices (Mahalingam, 2011). The state property regimes therefore, emanates from the need to protect emerging rights and end costly litigation by providing private titles in land through land registration and formalisation programmes (Moyo, 2017). ...
Article
Purpose – This paper aims to examine current land administration practices (LA) in Tanzania to pinpoint divergences and convergences from past experiences that necessitated the 1990s reforms. Design/methodology/approach – Literature review was carried out to understand historical practices which were then matched with current regulatory framework and observable LA practices captured through in-depth individual and group interviews of LA professionals in the public and private sectors, as well as LA customers in Dodoma Region Tanzania. Findings – The current practices and government’s responses through land law reforms is largely a replica of what happened in the pre- and post-independence eras until just before the 1990s reform and is still characterised by corruption, inefficiency in service delivery and poor coordination among LA actors. It introduces superficial land governance structure over customary land as it was during colonialism; induces a temporary hikes in title delivery without any sustainability prospects just as it was immediately after independence; and induces more uncertainties for local land holders/investors than it addresses as it was during the implementation of the 1982 agricultural policy. Furthermore, the current awareness education during rural land titling programmes is inadequate to address the perceived risk of land alienation and dispossession among the poor. Practical implications – A uniform LA system and tenure type throughout Tanzania that cater for the need of the time rather than a fragmented system of LA, which fuels maladministration and inefficiency in LA, is dearly needed. Originality/value – Convergence of current LA practices with some of the worst past experiences explains some failures in land policy reform in Tanzania and the developing world in general. Keywords Tanzania, Land, Administration practices, Land administration, Land laws, Land policy
... Land Acquisition Act 1894 (LAA 1894) is a well drafted and well served piece of legislation that served land acquisition purpose for more than a century. In general land acquisition is composed of three macro-processes (Mahalingam and Vyas 2011): ...
Research
Full-text available
This presentation makes a comparison of Land acquisition acts using few cases to illustrate the differences in outcomes brought out by the cases
... wasteland instead of fertile cultivable land) which will affect people to a lesser extent; (d) the notified land contains historic monuments, graveyards, religious buildings (e.g. tombs, mosques, temples), etc. and (e) the amount of compensation being offered to the persons interested in lieu of their land is meagre or insufficient (Mahalingam & Vyas, 2011). make the acquisition process easier and keep the land market controlled the LFG imposed restriction on land registration in both areas. ...
Article
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This article examines the mechanism of land acquisition executed by the previous Government of West Bengal in Singur and Rajarhat in the name development under the purview of public purposes. The study shows that the government has diluted several existing legal provisions laid down in Land Acquisition Act (LAA) 1894 and policy guidelines of National Policy for Rehabilitation and Resettlement 2003 and 2007. Procedural amendments of legal provisions and new enactments brought about by the state government in the orbit of LAA have made the acquisition easy going rather than bestowing privilege upon farming community. The policy intervention toward rehabilitating dispossessed households has been substandard and not inclusive in nature.
... Similarly, the affected people in Afghanistan, Brazil, Ethiopia, South Africa, South Sudan and Tanzania were in many cases not provided with sufficient compensation for land expropriation (LGAF, 2016). Likewise, compensation packages provided to previous land-owners in India are often not up-to-date, inadequate or based on artificially low land values and are strongly opposed (Mahalingam and Vyas, 2011). This causes anger among the affected farmers, who resist through violence and appeals (Lian et al., 2016;Sargeson, 2013). ...
Article
In Ethiopia, the demand for land for urbanisation is primarily met by converting rural land through ex-propriation. However, land expropriations are adversely affecting the previous land users by reducing the amount of production and their sources of income. In Bahir Dar, one of the fastest-growing cities in Ethiopia, approximately 300 landholdings are expropriated each year, on average, for urban expansion. This paper assesses the land expropriations to examine whether they offer economically appropriate compensation for the previous land users. Land expropriations for urbanisation between 2007/2008 and 2016/2017 were analysed based on data on land expropriation and its compensation payment obtained from the Bahir Dar City Land Administration and Management Office. Data were analysed using an exponential growth model and a stochastic budgeting technique in which Monte Carlo simulations are performed. Between 2007/2008 and 2016/2017, more than 1500 ha of land were included in the city's boundary through expropriation from 2900 landholders. The affected farmers received compensation that represents only 37 per cent of the value of current crop yields and its growth. The current compensation scheme ignores the impact of inflation on the prices of crops and assumes constant yields. It also excludes the value of crop residuals. We propose a workable discounted compensation framework that considers crop price and yield growths. This will make the compensation scheme more appropriate and make the affected farmers better off.
... The contradiction of land acquisition at this stage stems from the conflict between the government and farmers; that is, the government attaches importance to macrocontrol, whereas an improvement in farmers' self-awareness depends more on their own income [27][28][29][30]. For example, land expropriation strengthens farmers' awareness of land rights, changes the allocation of agricultural land resources among farmers' families, and thus changes farmers' behavior [31][32][33][34][35]. Based on the socialist system of New China, the goal of common prosperity, the imperfect land market, and the unique risk-sharing and social security functions of the land, we believe that the solution is not to cancel the land acquisition system but to improve it and enhance the satisfaction of farmers. ...
Article
Full-text available
Farmers’ satisfaction with reform of the land expropriation system has not been fully examined, so it is difficult to comprehensively and successfully judge the effectiveness of the reforms. Traditional statistical methods cannot accurately explain the relationship between the variables. In order to fully understand the implementation, progress, and applicability of land expropriation system reform, this paper analyzes the factors influencing farmers’ satisfaction, presents the shortcomings of land expropriation system reform, and puts forward improvement suggestions. Taking the land expropriation system reform pilot in Dingzhou city as an example, this paper investigates the satisfaction of the farmers who have had their land expropriated by establishing a structural equation model (SEM) to obtain feedback on the implementation effect of the pilot work. The results show that the factors affecting farmers’ satisfaction with the reform of land expropriation systems can be summarized into four variables: land expropriation compensation standard, land income distribution, land expropriation security mode, and land expropriation procedure. The parameter estimation between these four potential variables and their corresponding observation variables shows that, in the process of land expropriation, the comparison of land expropriation compensation standards and observation variables with market entry projects is an important factor affecting the satisfaction of farmers with regard to land expropriation. The income of municipal and county governments and village collective incomes have a great impact on farmers, indicating that the satisfaction of farmers is not only related to the absolute level of compensation and income, but is also affected by the relative level. In addition, providing farmers with a variety of reasonable security methods is an important element to enable the smooth progress of land expropriation. Furthermore, attention should also be paid to the formulation of land expropriation schemes and emergency plans to solve land expropriation conflicts.
... In this context, a suitable institutional (including legal and policy) framework needs to be in place, allowing for effective public participation. Benefit-sharing mechanisms need to consider the specific social circumstances of areas affected by projects, including local traditions and culture (Egre 2007;Downing and Garcia-Downing 2009;Mahalingam and Vyas 2011;Hensengerth et al. 2012;Scheumann et al. 2014). Developers should be obliged to make decisions jointly with local governments and ensure long-term benefit sharing mechanisms between key stakeholders and affected people (Haas and Tung 2007). ...
Article
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Development induced displacement and resettlement (DIDR) projects should share their benefits with those affected by them. This paper shows that in the case of the Yangtze-Huai River Diversion Project in China perceptions of compensation received differs amongst different groups of resettled people even if levels of compensation are similar. Based on a survey with displaced people, a fuzzy comprehensive evaluation concludes that those with generic skills' sets are the most satisfied, mainly because they are able to find new work and re-establish livelihoods after resettlement more quickly. On the other hand, those with only agricultural skills find it difficult to re-establish their livelihood and are often dissatisfied. Finally, those who did not have any work before resettlement were found to be satisfied overall as their life quality is said to have improved. The skills of those affected are therefore a key explanatory factor for satisfaction with compensation following resettlement.
... Our result shows that, if considered and strongly incorporated within urban planning regulations, equity of urban green and blue spaces availability at an individual level is possible. With land acquisition power legislated (Mahalingam & Vyas, 2011), the Singapore government is able to regulate the spatial distribution of home ownership, including the private housing developments. For the governmentsubsidised public housing, policies are in place to increase ethnic integration and representation amongst housing estates (Housing and Development Board, 2019). ...
... This increases the vulnerability of widows, divorced women, and female-headed households who are not awarded any land (Mehta, 2011;Downing et al., 2002) yet land is a home of all livelihoods including forest materials. This is further motivated by the occurrences in the resettlement process when land for resettlement is awarded limited livelihood alternatives (Mahalingam & Vyas, 2011). Thus, conservation of the existing water sources, vegetation, and forests become complex because their economic role serves as alternative sources of survival for women majorly. ...
Article
Full-text available
Previous studies have treated oil-induced displacement, women's livelihood, and the environment at separatee issue. No major study has paid full attention to the relationship between oil-induced displacement, the livelihoods of women, and the impact of resettlement compensation environment in Albertine graben, Uganda. This article examines the appropriateness and effectiveness of resettlement compensation, women's sources of livelihood before and after resettlement, and the effects of women's livelihoods on the environment. Adopting a phenomenological research design to acquire lived experiences of participants before and after resettlement, the data was collected over a three-year period between 2016 and 2019. Data collection methods included in-depth interviews with twenty-seven affected women, two focus group discussions (FGD), documentary review, and an observation method. The findings indicate that failure to effectively implement resettlement programs with a focus on environmental protection has an interminable and adverse effect on most women and future generations' environs. Results further indicate that resettlement activities resulted into the loss of women's former livelihoods. This loss of livelihoods forced women to exploit and degrade the environment in their newly resettled communities. The paper concludes that severe signs of environmental degradation caused by resettlement programs may be avoidable especially when women custodians of the environment are provided with the emergence means to sustain their daily livelihoods. It is recommended that compensation and resettlement programs should consider immediate and emergence assistance for the post resettlement phase of those affected by oil-induced displacement in Albertine Graben.
... These lands have to be acquired from multiple landowners involving government agencies, private owners and even religious groups. Mahalingam and Vyas (2011) note that the majority of the infrastructure projects in India are significantly delayed due to land acquisition issues as the process is very timeconsuming even when resistance is absent. Second, the megaproject is housed in an existing urban system disrupting many existing services during the construction and operation phases. ...
Article
Infrastructure megaprojects can cause considerable inconvenience to external stakeholders such as project communities, stakeholders in lands and stakeholders in existing services. Managing these external stakeholders is difficult as they interact with the project across permeable boundaries, are unaccountable to the requirements of the project and cannot be governed with contractual instruments or conformance to standards, as is the case with internal stakeholders. Hence the project team must resort to other strategies to manage these stakeholders. There is at present little other than scattered accounts of the use of these strategies in the literature. What is missing is a framework to explain how such strategies work to manage external stakeholders. We use organizational power theories drawn from frameworks stressing both the dimensions and the circuits of power to understand how strategy and power interact in the process of managing external stakeholders. This research uses the case study of a metro rail project in India compiled from 30 semi-structured interviews, 168 news media articles along with their 446 user comments, and 640 social media tweets along with 435 community comments. Using a qualitative research methodology, we highlight relations of persuading, framing and hegemonizing strategies employed for managing the external stakeholders in the project. Covert power-based framing and hegemonizing strategies shape the visible overt power-based persuading strategies employed to manage external stakeholders.
... 26 Dünya genelinde ise arazileri kamulaştırılanlar için yeterli tazminat kabul eden ülkeler içerisinde, gelişmiş ve gelişmekte ülkeler arasında belirgin farklılıklar bulunmaktadır(Cao ve diğ, 2018). İlgili örnekler için bakınız: ABD(Eaton, 1995;Sun, 2013); İngiltere(Denver-Green, 1994;DCLG, 2010); Pakistan(Hull, 2008); Hindistan(Mahalingam ve Vyas, 2011); Vietnam(Dao, 2010); Çin(Huang ve diğ, 2017;Zhang ve Qiu, 2013;Lin ve Ho, 2005; Tan ve diğ, 2009). ...
Thesis
ÖZET 2023 yılında Türkiye’de maden ihracat hedefi 15 milyar ABD doları olarak hedeflenmiştir. İhracatı bu rakama çıkarabilmek için madencilikte yatırım sürelerini ve yatırım maliyetlerini azaltacak önlemlerin hızla alınması gerekmektedir. Türkiye’de maden işletme faaliyetlerinin gerçekleştirilebilmesi için yatırımcının ilk etapta maden işletme ruhsatı alması gerekmektedir. Maden mevzuatına göre, maden gruplarına göre değişen farklı ruhsat alanları ve süreleri öngörülmüştür. Maden işletme ruhsatından sonra maden işletme projesinde gösterilen faaliyetleri yapabilmek için işletme izninin alınması gerekmektedir. İşletme izin alanı, maden işletme ruhsat alanında bulunan maden rezervinin görünür rezerve indirgenmesi suretiyle belirlenir. İşletme izni, maden işletme ruhsat sahası içinde bulunan madenler için bütün izinlerin alınmış olduğunu ve maden üretimine bir engel kalmadığını gösterir. Dolayısıyla Türkiye’de maden işletme ruhsatı -1, 2 (a) ve 2 (c) maden grupları haricinde- maden arama faaliyetleri bitimi sonrasında alınan, maden üretimine başlanabilmesi için gerekli olan maden işletme izin süreci öncesinde bir ara dönemdir. Bu ara dönemde; maden işletme ruhsatı müracaatı; maden işletme ruhsat alanları, birleştirilmesi ve süresi; işletme projesi ve buna uygun olarak gerçekleştirilecek faaliyetler, gibi konular maden yatırımı yapacak yatırımcılar için bilinmesi gereken konulardır. Bu konularda yapılacak düzenlemeler maden yatırımlarının riskini azaltacak ve aynı zamanda çevreye duyarlı madenciliğin gelişmesine katkı sağlayacaktır. Türkiye’de maden mevzuatına göre; madencilik yapılabilmesi için, özel ya da kamu arazisi olup olmaması durumuna göre yetkili kurumlardan farklı izinlerin alınması, ya da özel arazi sahibi ile anlaşılması öngörülmüştür. Arazi sahibi ile maden yatırımcısının anlaşamaması halinde, madencilik faaliyetinde kamu yararı görülürse kamulaştırma gerçekleştirilir. Şüphesiz ki arazi sahiplerinin haklarının mevzuatla yeterli derecede sağlanması gerekmektedir. Ancak, maden alanları ile çakışan, özel mülkiyete konu olan yerlerde arazi mülkiyeti sorununun çözülemediği durumlar olmaktadır. Kamulaştırma izin süreci bazan 1,5 - 2 yıl sürebilmekte ve bu nedenle maden işletmeleri üretim faaliyetlerine başlayamamakta ve yatırımlarını kaybetme riskiyle karşı karşıya kalmaktadır. Özellikle özel arazi sahiplerinden ve bilirkişilerden kaynaklanan sebeplerle madencilik faaliyetleri için özel arazi edinimi ve kamulaştırma bedelleri piyasaya göre oldukça yüksek belirlenmektedir. Türkiye’de söz konusu mevzuat sorunlarını tespit edebilmek ve çözüm üretebilmek amacıyla 2018 yılı Mayıs, Haziran ve Temmuz aylarında SurveyMonkey anket programı aracılığıyla maden işletmelerine, özel arazi edinimi ile kamulaştırmada yaşadıkları sorunlar ve bunlar için harcadıkları masraflar sorulmuştur. Uygulanan tüm mevzuat uygulamalarının maden yatırımcısına zaman kaybı yaratmayacak şekilde ortaya konması ve özel arazi edinimi ile kamulaştırmalardaki bedellerin maden yatırım riski oluşturmayacak şekilde düşürülmesi Türkiye’de madencilik sektörünün beklentisidir. Bu doğrultuda farklı mineral gruplarına göre, ve madenciliğin yapıldığı şehirlerin sosyal ve ekonomik gelişmişlik derecesine göre kamulaştırma bedellerinin maden yatırım tutarlarına oranları analiz edilmiştir. Kamulaştırma bedellerinin yüksek olmasında, ve kamulaştırma izin süreçlerinin uzamasında mevzuat uygulamalarının da etkisi olduğu tespit edilmiştir. Maden işletme faaliyetine başlanabilmesi için çakışan izin alanlarından biri de mera alanlarıdır. Türkiye’de mera alanlarında maden işletme faaliyetleri gerçekleştirebilmek için maden yatırımcılarından, maden işletme ömrü içerisinde bir defa olmak üzere, arazi ve ot kaybı gideri gibi birtakım bedeller istenmektedir. Bu bedellerin maden işletmelerinin yatırım tutarları içerisinde ne kadarlık bir pay aldığını tespit edebilmek amacıyla "SurveyMonkey" anket programı aracılığıyla maden işletmelerine anket gerçekleştirilmiştir. Bu sorulara verilen cevaplarda mera bedelleri, her maden işletmesinin kendi yatırım tutarlarına ve yıllık ortalama işletme giderlerine oranlanmıştır. Anket sorusuna cevap veren tüm maden işletmelerinin mera alanları için ödedikleri tüm bedellerin 2018 yılı öncesi mevcut ve 2018 yılı sonrası hedeflenen yeni madencilik yatırım tutarları toplamına oranı tüm maden grupları için ortalama % 0,44’dür. Bu rakamlar dahi Türkiye’de maden işletmelerinden bir kez alınan mera bedellerinin, mevcut ve hedeflenen toplam yatırım tutarları içerisinde hiç de küçümsenmeyecek bir paya sahip olduğunu göstermektedir. Benzer şekilde, maden rezervleriyle çakışan orman alanlarında maden işletme faaliyetleri yapılabilmesi için maden yatırımcıları orman idaresine; orman arazi izin bedeli, ağaçlandırma bedeli ve (teminat, hizmet ve rapor gibi) diğer bedeller vermektedir. Bunlar içerisinde maden işletme faaliyetlerine başlamadan önce maden yatırımcılarının yatırım dönemi gideri olarak verdiği bedeller; ağaçlandırma bedelleri ve diğer bedellerdir. Maden işletmelerinin sadece yatırım döneminde orman idaresine verdiği bedellerin maden yatırım tutarları içerisinde aldığı paylar merak konusudur. Bu bedellerin her birinin maden yatırım tutarları içerisinde aldığı payların maden gruplarına göre değişimi analiz edilmiştir. Bu analize göre ankete katılan maden işletmelerinin yatırım tutarları içerisinde ağaçlandırma bedeli ortalama %3,44, diğer bedeller ise %0,72’lik bir pay almaktadır. İşletme döneminde her yıl ödenen orman arazi izin bedelleri dikkate alındığında, sadece yatırım döneminde bir kez ödenen bu bedeller, diğer maliyetlerin varlığında tek başına, maden işletmelerini ekonomik açıdan zorlayabilir. Maden işletme faaliyetlerine başlanabilmesi için özel/kamu arazisi mülkiyeti edinimi, ya da mera, orman ve tarım alanlarının tahsisi yetmemektedir. Maden işletme izni safhasına kadar madencilik sektörünün önüne birtakım engeller ortaya çıkmaktadır. Bu engellerin başında, izin başvuru sürelerinin uzun olması ve çok sayıda bürokratik işlemlerle karşılaşılması gelmektedir. Türkiye’de maden işletme ruhsatı ve işletme izni Enerji ve Tabii Kaynaklar Bakanlığına bağlı Maden ve Petrol İşleri Daire Başkanlığınca verilmekte, ancak halen günümüzde işletme faaliyetine geçilebilmesi için 8-10 farklı Bakanlığın 15-20 adet ayrı biriminden izinlerin alınması gerekmektedir. Maden işletme faaliyeti yapabilmek için bu kadar fazla sayıda kurumdan izin alınması gerekliliği, izin sürecinde gecikmelere ve yatırım kayıplarına sebep olmaktadır. Bu durum maden işletmelerinin toplam yatırım tutarları içerisinde ortalama % 21’lik bir yatırım kaybına sebep olmuştur. Oluşan bu durum, Türkiye’nin yatırım çekme endeksi ve diğer kategorilerde dünyadaki sırasının düşmesine ya da stabil olmamasına, birçok maden yatırımcısının Türkiye’de yatırım yapmaktan vazgeçmesine neden olmaktadır. İzin süreçlerinin belirli bir süre içinde tamamlanması maden yatırımcısı için büyük bir engeli ortadan kaldıracaktır. Maden şirketleri işletme izninin; işletme ruhsatının alınmasından itibaren 2-6 aylık bir süre içerisinde verilmesini istemektedir. Ruhsat güvencesinin arttırılması, maden yatırımlarındaki riskleri azaltarak madencilik sektörünün hızla gelişmesini sağlayacaktır. Maden işletme faaliyetlerinin gerçekleştirilip gerçekleştirilmemesi kararlarının verilmesinde, üretim ile yatırıma yönelik kriterlerin yanı sıra çevre kriterleri de etkili olmakta, bu doğrultuda Çevresel Etki Değerlendirmesi’ne göre madencilik projelerinin yapılıp yapılmamasına karar verilmektedir. Türkiye’de ÇED konusunda öngörülen tüm mevzuat ve uygulama sorunları, ÇED prosedürünün madencilik sektöründen istenme sayısının diğer sektörlere kıyasla oldukça fazla olduğu bir sonucu da beraberinde getirmiştir. Madencilik sektöründen ÇED istenme sıklığı, sadece madencilik sektörüne uygulanan bürokrasiyi değil, aynı zamanda bu sektörde yatırım kayıplarını da ortaya çıkarmaktadır. Çıkan sonuç Türkiye’de onlarca sayıda maden işletmesinin ÇED nedeniyle, yatırım tutarları içerisinde ciddi orandaki yatırımlarını kaybettiğini göstermektedir. Bu durum, diğer bir ifadeyle, Türkiye’de ÇED sürecindeki değerlendirmeler nedeniyle, ÇED izin süreçlerinin uzamasını ve bu sürecin ne zaman tamamlanacağının belli olmaması sonucunu ortaya çıkarmıştır. Türkiye’de ÇED’in, ve ÇED sürecinde 3 ay içerisinde bitirilmesi kural altına alınan diğer izinlerin uygulamada madencilik sektörüne ne kadar sürede verildiğini görebilmek amacıyla maden işletmelerine anket soruları yöneltilmiştir. Bu sorulara verilen cevaplar, Türkiye’de, ÇED sürecinde (arazi mükiyet izni ve işyeri açma ve çalışma ruhsatı gibi) diğer izinlerin, çoğunlukla, 3 ay ile 34 ay arası değişen bir süre zarfında maden işletmelerine verildiğini göstermektedir. Bu izin değerlendirme sürecinin kısaltılabilmesi için; ÇED prosedürü içerisinde başvuru yapıldıktan sonra, ve hatta ÇED izni verildikten sonra, diğer kurumlardan görüş istenmesi uygulamalarının kaldırılması gerekmektedir. Ayrıca, ÇED ve diğer görüş sorulan birim temsilcilerinin Enerji ve Tabii Kaynaklar Bakanlığı bünyesinde kurulacak bir Komisyon vasıtasıyla ÇED ve diğer izinlerin verilmesi ve yönetilmesi gerekmektedir. Böylece izin sürecinde daha hızlı karar verilmesi sağlanacaktır. Yukarıda belirtilen tüm maden işletme faaliyetleri izinlerinin verilmesi birçok kamu kurumunu ilgilendiren bürokratik işlemleri gerektirmektedir. İşletme izni, maden ruhsat sahası içinde bulunan madenler için bütün izinlerin alınmış olduğunu ve maden üretimine bir engel kalmadığını gösterir. Ancak, halen Türkiye’de, işletme izni alındıktan sonra dahi yetkili Bakanlıklar dışında diğer kurumlardan görüş sorulması uygulaması devam etmektedir. Bu durum hukuken Maden Kanunu’na aykırılık teşkil etmekle kalmayıp, maden yatırımcılarının istenen izinlerin tümünü aldığı halde üretime başlayamadığı bir tablo ortaya çıkarmaktadır. Ayrıca maden işletme izni alınana kadar geçen süreler, maden üretim faaliyetlerinin gecikmesine ve hatta önemli derecede maden yatırımlarının kaybedilmesine yol açmaktadır. Oluşan bu tabloda, izin süreçleri konusunda yetkili kurumlar ve izin sürecindeki işleyiş hakkında sorunlar tespit edilmiştir. Çoğunluğuyla maden işletmeleri, izin sürecinde birden fazla kurumun yetkili olmasının, sektördeki öngörülebilirliği ortadan kaldırdığını düşünmektedir. Bu doğrultuda tüm maden işletme izin süreçlerinin tek çatı altında oluşturulacak bir Kurum tarafından yönetilmesi, maden yatırımlarının kaybedilmesini engelleyerek, madencilikle ilgili tüm süreçlerin hızlanmasını ve kolaylaşmasını sağlayacaktır. ABSTRACT In 2023 export target of mine in Turkey has been targeted as US $ 15 billion. In order to increase exports to this fact, measures to reduce investment time and investment/operating cost in mining should be taken rapidly. Investors must take mining operating license in the first place for the realization of mining activities in Turkey. According to mining legislation, different license areas and periods varying according to mineral groups are envisaged. After the mining operating license, in order to carry out the activities shown in the mining operation project, an operation permit must be obtained. The operation permit area is determined by making the possible reserve in the mining license area into a visible reserve. The operating permit indicates that all permits have been obtained for the mines within the mining license area and that there are no obstacles to the production of the mine. Therefore mining license in Turkey, 1, 2 (a) and 2 (c) mineral groups taken following the exception of mining operations end, is an interim period prior to the permitting process mining enterprises that are required in order to start mining production. During this interim period; application for mining license; mining license areas, consolidation and duration; business project and the activities to be carried out accordingly, should be known for investors who will invest in mining. Arrangements on these issues will reduce the risk of mining investments and will also contribute to the development of environmentally friendly mining. According to the mining legislation in Turkey, it is envisaged to obtain different permits from the authorized institutions or to reach an agreement with the private landowner according to whether there is private or public land for mining. If the landowner and the mining investor do not agree, the expropriation is carried out if the public interest is observed in the mining operation. There is no doubt that the rights of landowners should be adequately ensured by legislation. However, there are cases where land ownership problems cannot be solved in areas that overlap with mining areas and are subject to private ownership. The expropriation permit process may sometimes last 1.5-2 years. Therefore, mining enterprises are unable to start production activities and face the risk of losing their investments. Especially for the reasons arising from private landowners and experts, private land acquisition/expropriation costs for mining activities are determined quite high compared to the market. In order to be able to identify and produce solutions to the legal problems in Turkey, in May, June, and July of 2018, the SurveyMonkey program was used to ask mining enterprises about their problems in private land acquisition and the costs they spent for them. It is the expectation of the mining sector in Turkey that all applicable legislations are put forward in a way that does not create a waste of time for the mining investor and that the private land acquisition/expropriation costs are reduced in a way that does not pose a risk of mine investment. In this respect, the ratio of expropriation costs to the amount of mining investment was analyzed according to the different mineral groups and the social and economic development level of the cities where mining was carried out. It has been determined that legislation practices also have negative effects on mining enterprises on the expropriation costs, and the expropriation permit processes. One of the overlapping permit areas for starting mining operations is pasture areas. In order to realize mining operations in pasture lands in Turkey, once within the total life of mine operations, some cost items, such as land and grass loss expenses, are requested from mining investors. In order to determine the share of these costs within the mining investment amounts, surveys were carried out through the "SurveyMonkey" program for mining enterprises. In the answers to these questions, the cost of the pasture lands is calculated as the ratio of each mining enterprise to its own investment amounts. The average of all costs paid by the mining enterprises for the pasture lands to total of pre-2018 and new mining investment amounts after 2018 is 0.44% for all mineral groups. These numbers show that pasture costs taken once from mining enterprises in Turkey have a significant share in total investment amounts. Similarly, in order to carry out mining operating activities in forest areas that overlap with the mineral reserves, mining investors are asked to pay forest land permit fees, reforestation fees, and other fees (such as warrant, service, and report) to the forest administration. These fees include the fees paid by mining investors as investment period costs prior to starting mining operating activities, and reforestation fees and other fees. The shares of fees within the amounts of mining investment paid by mining enterprises to forest administration only during the investment period is an object of curiosity. The variation of the shares of each of these fees within the amount of mining investment, according to the mineral groups was analyzed. According to this analysis, the reforestation fee of the mining companies participating in the survey receive an average share of 3.44% and the other fees have a share of 0.72%. Considering the forest land permit fees paid each year during the operation period, these costs, which are paid only once during the investment period, may force the mining enterprises economically in the presence of other costs. The acquisition of private/public land ownership, or allcation of pasture/forest areas is not sufficient to start mining operations. Until the mining operation permit phase, there are some obstacles to the mining sector. One of these obstacles is the fact that the application period is long and many bureaucratic procedures are encountered. Mining operating licenses and operation permits in Turkey are provided by the Ministry of Energy and Natural Resources. However, it is necessary to obtain permits from 15-20 different units of different 8-10 various Ministries to be operational. According to the answers given by mining enterprises through the survey program, the necessity of obtaining permission from a large number of institutions to perform mining operations led to an investment loss of 21% within the total investment amount of mining companies. Completion of the authorization process within a certain period of time will remove a major obstacle for the investor. Operation permits; from the receiving of the operating license, the license holder must be issued within 2-6 months. Thus, if it is minimized the risks of mining investment due to legal regulations, the mining sector can develop rapidly. Mining operation activities require high costs and are at risk at all stages with a slow return of investment. In addition to the criteria for production and investment, environmental rules are necessary for making decisions about whether these activities should be carried out or not, and accordingly, it is decided whether to perform mining projects according to Environmental Impact Assessment (EIA). Predicted issues with all of the legislation and applications of EIA in Turkey, creates of a result that EIA is required from the mining sector more than other sectors. Frequency of EIA requirement from the mining sector not only shows of bureaucracy that applied to the mining sector but also indicates the loss of investments in this sector. This situation, in other words, comes to because of the assessment part of the EIA process and EIA permission processes getting elongated and because of the uncertainty of when the process will be completed. A survey was conducted to see how long it took the necessary procedures for the mining companies which is required to take the legal EIA permits. According to the survey responses, despite this EIA permit process, which should be completed within 3 months, other permissions (land ownership permit and permit to open a business and operating license, etc.) require completion to take 3 to 34 months. In order to shorten this permit evaluation process, the applications for asking opinions from other institutions should be abolished after the application is made within the EIA procedure and even after the EIA permit is granted. The issuing permits needed to conduct mining activities in Turkey requires bureaucratic procedures involving many public institutions. In Turkey, even after obtaining the operation permit, the application of asking opinion to other institutions, except authorized ministries, is ongoing. This situation is not only legally contradictory to the Mining Law but also provides a status that the investors of the mine cannot start production even though they have received all the required permits. In addition, the elapsed time for mining operation permits lead to delay in mining production activities and even to a considerable loss of mining investments. In this case, the problems about the institutions authorized in the permitting processes and the applications in the permitting process were determined. When the answers given to these questions are evaluated collectively, the majority of the mining enterprises think that having more than one institution in the permit process eliminates the predictability in the sector. In this direction, the management of all mining operation permit processes by an Authority to be established under a single roof will prevent the loss of mining investments and accelerate all the processes related to mining.
... Similar examples in various countries provide a wide range of evidence of inadequate compensation and unfair resettlement practices. Examples include India (Mahalingam and Vyas, 2011;Mishra and Mishra, 2017), Pakistan (Sabir et al., 2017), Bangladesh (Atahar, 2021;Feldman and Geisler, 2012), Nigeria (Alaka and Nnametu, 2015), Ghana (Adonteng-Kissi, 2017;Adonteng-Kissi and Adonteng-Kissi, 2018;Adonteng-Kissi et al., 2016;Andrews, 2018;Lawer et al., 2017), Sudan (Ladu et al., 2019), Sierra Leone (Wilson, 2019), and Mozambique (Lillywhite et al., 2015). ...
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Recent literature indicates that mining-induced displacement and resettlement practices inadequately compensate affected families, particularly in developing countries. This paper focuses on the Aynak copper mine project in Afghanistan and measures the minimum compensation package that aligns with the sociocultural and economic preferences of affected households. Our analysis of the legal framework exposed legislative lacunae, particularly the lack of a consultation process, while the empirical study uncovered the voice of the displaced. We gathered 2800 choice responses from 280 respondents, with an average age of 39 years, to identify their preferences regarding a displacement compensation package including provision of social capital, land, loans, and monetary compensation. Out of 393 affected households, all those whom we could contact were surveyed during January and February 2019. We use a randomized conjoint analysis to show that the ideal relocation policy should compensate mainly via agricultural land, followed by other standard economic terms such as residential land and loans for infrastructure. Moreover, the study suggests that compensation packages should be designed based on the inclusion of project-affected families' voices and should account for social capital, livelihood restoration, homelessness prevention, and monetary compensation.
... Many scholars concluded that property valuation for expropriation is supposed to be guided by the theory of equity and equivalency, which states that, affected owners and occupants should neither be enriched nor impoverished as a result of the compulsory acquisition (Viitanen, 2002;Asian Development Bank, 2007;Keith, McAuslan, Knight, Lindsy, Munro-Faure, Palmer, and Spannenberg, 2008;FAO, 2009;Ambaye, 2009;Viitanen, Falkenbach & Nuuja, 2010;Mahalingam & Vyas, 2011;Pai & Eves, 2016;Deeyah, & Akujuru, 2017). The equity and equivalence principle seek to balance two conflicting interests which are protecting private property rights and promoting public interest (FAO, 2009;Johnson & Chakravarty, 2013) as illustrated in Figure 1. ...
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Purpose: This paper aimed at contributing to the growing academic debate on property valuation for expropriation. Approach/Design: The paper was based on document analysis or archival research approach. Statutes which formed the legal framework that guide property valuation for expropriation in Zimbabwe, was critically reviewed relative to World bank, Food and Agriculture Organisation (FAO) guidelines as well as the International Federation of Surveyors (FIG), to unravel agreement and or conflicts among laws, so that limitations in the Zimbabwean laws could be remediated. Results/Findings: This study established that the existing property valuation for expropriation in Zimbabwe followed the recommendations of World Bank and FAO. However, there are notable differences particularly on estimation of replacement cost value, where depreciation is deducted contrary to World Bank and FAO specifications. Practical Limitation: Though there is no empirical evidence, the study assumed that guidelines provided by World Bank and FAO as well as recommendation by FIG can be considered as international best practice on property valuation for expropriation in Zimbabwe. Practical Implication: Results of this study is useful to the Zimbabwean Government as it was geared towards bringing a lasting solution to the unresolved decade long land compensation disputes. Originality/Value of Work: Though many studies were done on property valuation for expropriation in many countries, none of the existing literature assessed legal provisions guiding property valuation for expropriation in Zimbabwe. This study seeks to bridge this gap and The 19 th AfRES Annual Conference 425 contribute to existing international debate on compulsory acquisition and compensation.
... Many scholars concluded that property valuation for expropriation is supposed to be guided by the theory of equity and equivalency, which states that, affected owners and occupants should neither be enriched nor impoverished as a result of the compulsory acquisition (Viitanen, 2002;Asian Development Bank, 2007;Keith, McAuslan, Knight, Lindsy, Munro-Faure, Palmer, and Spannenberg, 2008;FAO, 2009;Ambaye, 2009;Viitanen, Falkenbach & Nuuja, 2010;Mahalingam & Vyas, 2011;Pai & Eves, 2016;Deeyah, & Akujuru, 2017). The equity and equivalence principle seek to balance two conflicting interests which are protecting private property rights and promoting public interest (FAO, 2009;Johnson & Chakravarty, 2013) as illustrated in Figure 1. ...
Conference Paper
Full-text available
Purpose: This paper aimed at contributing to the growing academic debate on property valuation for expropriation. Approach/Design: The paper was based on document analysis or archival research approach. Statutes which formed the legal framework that guide property valuation for expropriation in Zimbabwe, was critically reviewed relative to World bank, Food and Agriculture Organisation (FAO) guidelines as well as the International Federation of Surveyors (FIG), to unravel agreement and or conflicts among laws, so that limitations in the Zimbabwean laws could be remediated. Results/Findings: This study established that the existing property valuation for expropriation in Zimbabwe followed the recommendations of World Bank and FAO. However, there are notable differences particularly on estimation of replacement cost value, where depreciation is deducted contrary to World Bank and FAO specifications. Practical Limitation: Though there is no empirical evidence, the study assumed that guidelines provided by World Bank and FAO as well as recommendation by FIG can be considered as international best practice on property valuation for expropriation in Zimbabwe. Practical Implication: Results of this study is useful to the Zimbabwean Government as it was geared towards bringing a lasting solution to the unresolved decade long land compensation disputes. Originality/Value of Work: Though many studies were done on property valuation for expropriation in many countries, none of the existing literature assessed legal provisions guiding property valuation for expropriation in Zimbabwe. This study seeks to bridge this gap and The 19 th AfRES Annual Conference 425 contribute to existing international debate on compulsory acquisition and compensation.
... They highlighted that the methods used for assessments related to environmental impact and land acquisition should be speedy, transparent and technology based. Mahalingam and Vyas (2011) deliberated that the key challenges in the development of infrastructure in India is the land acquisition due to unreasonable compensation. Morris and Pandey (2007) comes with the similar finding that current land prices are highly distorted owing largely to regulatory constraints and the process of compulsory acquisition. ...
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Chapter
This chapter discusses the problematique, land acquisition and conflicts, rationale and objectives of the research, brief introduction to the historical evolution of theories of value and price, and the importance of more scientific valuation leading to the development of a comprehensive compensation package. This also introduces the case study as an established scientific method. In the end, it discusses the value plurality and the scope and limit of utilitarianism in policy discussion.
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This chapter contextualises the two land acquisition cases, Salboni (JSW factory area) and Singur (abandoned TATA Nano car factory area), located in West Bengal, India, as cases against which two theories were investigated. It also deals with the theory of science, research questions, basic ideas of rubric, the case study as a method, and rules by which empirical qualitative were collected, and analyses theory in question. The contextualisation of the case study areas was done with maps, secondary data, analysis of the legal (land acquisition) situation in India, and how the legal apparatus has translated the science of valuation in practical cases. In the end, the theory of science firmly re-establishes the case study as a method, the science of data collection, and qualitative data analysis.
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After bifurcation of the erstwhile state of Andhra Pradesh, present Andhra Pradesh state has to build its new capital.The Government of Andhra Pradesh has announced that capital Amaravati will be built near Guntur and Vijayawada on the banks of River Krishna. Amaravati will be the India’s first planned capital to build up from scratch in the recent decades.The Government strategy has been to make all farmers stakeholders in the new capital, so that they voluntarily “pool” their land with the city development agency. As the land owners contribute their land voluntary, the whole land pooling process will be very smooth. The land owners will be made stakeholders in the process of the development. Inclusion of land owners in the project development creates a win-win situation for the government as well as people living there. The pooling process does not disrupt the current inhabitants. In land pooling the medium of exchange is land only as against the money in land acquisition process. In land pooling, though the returned developed land is less than the original land, its value will be more than the original land. In this context,an attempt is made to study the policy in detail
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Current developments in Pakistan highlight the unresolved issue of proprietary rights for long-standing tenants of state-owned farms comprising thousands of acres in various districts of Punjab. The pendulum of state response to the hereditary claims of people who have lived and worked on this land for generations swings presently towards expropriation, rather than respect for rural people’s basic rights. The scenario is further complicated because the military is a significant party to these disputes. This article scrutinises the handling of these protracted disputes over land rights and identifies emerging patterns of land governance in Pakistan that will alter the future relationship of these farmers with the government. The article shows that in this specific case, the problems are not merely a continuation of traditional local feudal powers, but now relate to new postcolonial realities, especially Pakistan’s economic co-operation with China.
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In 2023 export target of mine in Turkey has been targeted as US $ 15 billion. In order to increase exports to this fact, measures to reduce investment time and investment/operating cost in mining should be taken rapidly. Investors must take mining operating license in the first place for the realization of mining activities in Turkey. According to mining legislation, different license areas and periods varying according to mineral groups are envisaged. After the mining operating license, in order to carry out the activities shown in the mining operation project, an operation permit must be obtained. The operation permit area is determined by making the possible reserve in the mining license area into a visible reserve. The operating permit indicates that all permits have been obtained for the mines within the mining license area and that there are no obstacles to the production of the mine. Therefore mining license in Turkey, 1, 2 (a) and 2 (c) mineral groups taken following the exception of mining operations end, is an interim period prior to the permitting process mining enterprises that are required in order to start mining production. During this interim period; application for mining license; mining license areas, consolidation and duration; business project and the activities to be carried out accordingly, should be known for investors who will invest in mining. Arrangements on these issues will reduce the risk of mining investments and will also contribute to the development of environmentally friendly mining. According to the mining legislation in Turkey, it is envisaged to obtain different permits from the authorized institutions or to reach an agreement with the private landowner according to whether there is private or public land for mining. If the landowner and the mining investor do not agree, the expropriation is carried out if the public interest is observed in the mining operation. There is no doubt that the rights of landowners should be adequately ensured by legislation. However, there are cases where land ownership problems cannot be solved in areas that overlap with mining areas and are subject to private ownership. The expropriation permit process may sometimes last 1.5-2 years. Therefore, mining enterprises are unable to start production activities and face the risk of losing their investments. Especially for the reasons arising from private landowners and experts, private land acquisition/expropriation costs for mining activities are determined quite high compared to the market. In order to be able to identify and produce solutions to the legal problems in Turkey, in May, June, and July of 2018, the SurveyMonkey program was used to ask mining enterprises about their problems in private land acquisition and the costs they spent for them. It is the expectation of the mining sector in Turkey that all applicable legislations are put forward in a way that does not create a waste of time for the mining investor and that the private land acquisition/expropriation costs are reduced in a way that does not pose a risk of mine investment. In this respect, the ratio of expropriation costs to the amount of mining investment was analyzed according to the different mineral groups and the social and economic development level of the cities where mining was carried out. It has been determined that legislation practices also have negative effects on mining enterprises on the expropriation costs, and the expropriation permit processes. One of the overlapping permit areas for starting mining operations is pasture areas. In order to realize mining operations in pasture lands in Turkey, once within the total life of mine operations, some cost items, such as land and grass loss expenses, are requested from mining investors. In order to determine the share of these costs within the mining investment amounts, surveys were carried out through the "SurveyMonkey" program for mining enterprises. In the answers to these questions, the cost of the pasture lands is calculated as the ratio of each mining enterprise to its own investment amounts. The average of all costs paid by the mining enterprises for the pasture lands to total of pre-2018 and new mining investment amounts after 2018 is 0.44% for all mineral groups. These numbers show that pasture costs taken once from mining enterprises in Turkey have a significant share in total investment amounts. Similarly, in order to carry out mining operating activities in forest areas that overlap with the mineral reserves, mining investors are asked to pay forest land permit fees, reforestation fees, and other fees (such as warrant, service, and report) to the forest administration. These fees include the fees paid by mining investors as investment period costs prior to starting mining operating activities, and reforestation fees and other fees. The shares of fees within the amounts of mining investment paid by mining enterprises to forest administration only during the investment period is an object of curiosity. The variation of the shares of each of these fees within the amount of mining investment, according to the mineral groups was analyzed. According to this analysis, the reforestation fee of the mining companies participating in the survey receive an average share of 3.44% and the other fees have a share of 0.72%. Considering the forest land permit fees paid each year during the operation period, these costs, which are paid only once during the investment period, may force the mining enterprises economically in the presence of other costs. The acquisition of private/public land ownership, or allcation of pasture/forest areas is not sufficient to start mining operations. Until the mining operation permit phase, there are some obstacles to the mining sector. One of these obstacles is the fact that the application period is long and many bureaucratic procedures are encountered. Mining operating licenses and operation permits in Turkey are provided by the Ministry of Energy and Natural Resources. However, it is necessary to obtain permits from 15-20 different units of different 8-10 various Ministries to be operational. According to the answers given by mining enterprises through the survey program, the necessity of obtaining permission from a large number of institutions to perform mining operations led to an investment loss of 21% within the total investment amount of mining companies. Completion of the authorization process within a certain period of time will remove a major obstacle for the investor. Operation permits; from the receiving of the operating license, the license holder must be issued within 2-6 months. Thus, if it is minimized the risks of mining investment due to legal regulations, the mining sector can develop rapidly. Mining operation activities require high costs and are at risk at all stages with a slow return of investment. In addition to the criteria for production and investment, environmental rules are necessary for making decisions about whether these activities should be carried out or not, and accordingly, it is decided whether to perform mining projects according to Environmental Impact Assessment (EIA). Predicted issues with all of the legislation and applications of EIA in Turkey, creates of a result that EIA is required from the mining sector more than other sectors. Frequency of EIA requirement from the mining sector not only shows of bureaucracy that applied to the mining sector but also indicates the loss of investments in this sector. This situation, in other words, comes to because of the assessment part of the EIA process and EIA permission processes getting elongated and because of the uncertainty of when the process will be completed. A survey was conducted to see how long it took the necessary procedures for the mining companies which is required to take the legal EIA permits. According to the survey responses, despite this EIA permit process, which should be completed within 3 months, other permissions (land ownership permit and permit to open a business and operating license, etc.) require completion to take 3 to 34 months. In order to shorten this permit evaluation process, the applications for asking opinions from other institutions should be abolished after the application is made within the EIA procedure and even after the EIA permit is granted. The issuing permits needed to conduct mining activities in Turkey requires bureaucratic procedures involving many public institutions. In Turkey, even after obtaining the operation permit, the application of asking opinion to other institutions, except authorized ministries, is ongoing. This situation is not only legally contradictory to the Mining Law but also provides a status that the investors of the mine cannot start production even though they have received all the required permits. In addition, the elapsed time for mining operation permits lead to delay in mining production activities and even to a considerable loss of mining investments. In this case, the problems about the institutions authorized in the permitting processes and the applications in the permitting process were determined. When the answers given to these questions are evaluated collectively, the majority of the mining enterprises think that having more than one institution in the permit process eliminates the predictability in the sector. In this direction, the management of all mining operation permit processes by an Authority to be established under a single roof will prevent the loss of mining investments and accelerate all the processes related to mining. ÖZET 2023 yılında Türkiye’de maden ihracat hedefi 15 milyar ABD doları olarak hedeflenmiştir. İhracatı bu rakama çıkarabilmek için madencilikte yatırım sürelerini ve yatırım maliyetlerini azaltacak önlemlerin hızla alınması gerekmektedir. Türkiye’de maden işletme faaliyetlerinin gerçekleştirilebilmesi için yatırımcının ilk etapta maden işletme ruhsatı alması gerekmektedir. Maden mevzuatına göre, maden gruplarına göre değişen farklı ruhsat alanları ve süreleri öngörülmüştür. Maden işletme ruhsatından sonra maden işletme projesinde gösterilen faaliyetleri yapabilmek için işletme izninin alınması gerekmektedir. İşletme izin alanı, maden işletme ruhsat alanında bulunan maden rezervinin görünür rezerve indirgenmesi suretiyle belirlenir. İşletme izni, maden işletme ruhsat sahası içinde bulunan madenler için bütün izinlerin alınmış olduğunu ve maden üretimine bir engel kalmadığını gösterir. Dolayısıyla Türkiye’de maden işletme ruhsatı -1, 2 (a) ve 2 (c) maden grupları haricinde- maden arama faaliyetleri bitimi sonrasında alınan, maden üretimine başlanabilmesi için gerekli olan maden işletme izin süreci öncesinde bir ara dönemdir. Bu ara dönemde; maden işletme ruhsatı müracaatı; maden işletme ruhsat alanları, birleştirilmesi ve süresi; işletme projesi ve buna uygun olarak gerçekleştirilecek faaliyetler, gibi konular maden yatırımı yapacak yatırımcılar için bilinmesi gereken konulardır. Bu konularda yapılacak düzenlemeler maden yatırımlarının riskini azaltacak ve aynı zamanda çevreye duyarlı madenciliğin gelişmesine katkı sağlayacaktır. Türkiye’de maden mevzuatına göre; madencilik yapılabilmesi için, özel ya da kamu arazisi olup olmaması durumuna göre yetkili kurumlardan farklı izinlerin alınması, ya da özel arazi sahibi ile anlaşılması öngörülmüştür. Arazi sahibi ile maden yatırımcısının anlaşamaması halinde, madencilik faaliyetinde kamu yararı görülürse kamulaştırma gerçekleştirilir. Şüphesiz ki arazi sahiplerinin haklarının mevzuatla yeterli derecede sağlanması gerekmektedir. Ancak, maden alanları ile çakışan, özel mülkiyete konu olan yerlerde arazi mülkiyeti sorununun çözülemediği durumlar olmaktadır. Kamulaştırma izin süreci bazan 1,5 - 2 yıl sürebilmekte ve bu nedenle maden işletmeleri üretim faaliyetlerine başlayamamakta ve yatırımlarını kaybetme riskiyle karşı karşıya kalmaktadır. Özellikle özel arazi sahiplerinden ve bilirkişilerden kaynaklanan sebeplerle madencilik faaliyetleri için özel arazi edinimi ve kamulaştırma bedelleri piyasaya göre oldukça yüksek belirlenmektedir. Türkiye’de söz konusu mevzuat sorunlarını tespit edebilmek ve çözüm üretebilmek amacıyla 2018 yılı Mayıs, Haziran ve Temmuz aylarında SurveyMonkey anket programı aracılığıyla maden işletmelerine, özel arazi edinimi ile kamulaştırmada yaşadıkları sorunlar ve bunlar için harcadıkları masraflar sorulmuştur. Uygulanan tüm mevzuat uygulamalarının maden yatırımcısına zaman kaybı yaratmayacak şekilde ortaya konması ve özel arazi edinimi ile kamulaştırmalardaki bedellerin maden yatırım riski oluşturmayacak şekilde düşürülmesi Türkiye’de madencilik sektörünün beklentisidir. Bu doğrultuda farklı mineral gruplarına göre, ve madenciliğin yapıldığı şehirlerin sosyal ve ekonomik gelişmişlik derecesine göre kamulaştırma bedellerinin maden yatırım tutarlarına oranları analiz edilmiştir. Kamulaştırma bedellerinin yüksek olmasında, ve kamulaştırma izin süreçlerinin uzamasında mevzuat uygulamalarının da etkisi olduğu tespit edilmiştir. Maden işletme faaliyetine başlanabilmesi için çakışan izin alanlarından biri de mera alanlarıdır. Türkiye’de mera alanlarında maden işletme faaliyetleri gerçekleştirebilmek için maden yatırımcılarından, maden işletme ömrü içerisinde bir defa olmak üzere, arazi ve ot kaybı gideri gibi birtakım bedeller istenmektedir. Bu bedellerin maden işletmelerinin yatırım tutarları içerisinde ne kadarlık bir pay aldığını tespit edebilmek amacıyla "SurveyMonkey" anket programı aracılığıyla maden işletmelerine anket gerçekleştirilmiştir. Bu sorulara verilen cevaplarda mera bedelleri, her maden işletmesinin kendi yatırım tutarlarına ve yıllık ortalama işletme giderlerine oranlanmıştır. Anket sorusuna cevap veren tüm maden işletmelerinin mera alanları için ödedikleri tüm bedellerin 2018 yılı öncesi mevcut ve 2018 yılı sonrası hedeflenen yeni madencilik yatırım tutarları toplamına oranı tüm maden grupları için ortalama % 0,44’dür. Bu rakamlar dahi Türkiye’de maden işletmelerinden bir kez alınan mera bedellerinin, mevcut ve hedeflenen toplam yatırım tutarları içerisinde hiç de küçümsenmeyecek bir paya sahip olduğunu göstermektedir. Benzer şekilde, maden rezervleriyle çakışan orman alanlarında maden işletme faaliyetleri yapılabilmesi için maden yatırımcıları orman idaresine; orman arazi izin bedeli, ağaçlandırma bedeli ve (teminat, hizmet ve rapor gibi) diğer bedeller vermektedir. Bunlar içerisinde maden işletme faaliyetlerine başlamadan önce maden yatırımcılarının yatırım dönemi gideri olarak verdiği bedeller; ağaçlandırma bedelleri ve diğer bedellerdir. Maden işletmelerinin sadece yatırım döneminde orman idaresine verdiği bedellerin maden yatırım tutarları içerisinde aldığı paylar merak konusudur. Bu bedellerin her birinin maden yatırım tutarları içerisinde aldığı payların maden gruplarına göre değişimi analiz edilmiştir. Bu analize göre ankete katılan maden işletmelerinin yatırım tutarları içerisinde ağaçlandırma bedeli ortalama %3,44, diğer bedeller ise %0,72’lik bir pay almaktadır. İşletme döneminde her yıl ödenen orman arazi izin bedelleri dikkate alındığında, sadece yatırım döneminde bir kez ödenen bu bedeller, diğer maliyetlerin varlığında tek başına, maden işletmelerini ekonomik açıdan zorlayabilir. Maden işletme faaliyetlerine başlanabilmesi için özel/kamu arazisi mülkiyeti edinimi, ya da mera, orman ve tarım alanlarının tahsisi yetmemektedir. Maden işletme izni safhasına kadar madencilik sektörünün önüne birtakım engeller ortaya çıkmaktadır. Bu engellerin başında, izin başvuru sürelerinin uzun olması ve çok sayıda bürokratik işlemlerle karşılaşılması gelmektedir. Türkiye’de maden işletme ruhsatı ve işletme izni Enerji ve Tabii Kaynaklar Bakanlığına bağlı Maden ve Petrol İşleri Daire Başkanlığınca verilmekte, ancak halen günümüzde işletme faaliyetine geçilebilmesi için 8-10 farklı Bakanlığın 15-20 adet ayrı biriminden izinlerin alınması gerekmektedir. Maden işletme faaliyeti yapabilmek için bu kadar fazla sayıda kurumdan izin alınması gerekliliği, izin sürecinde gecikmelere ve yatırım kayıplarına sebep olmaktadır. Bu durum maden işletmelerinin toplam yatırım tutarları içerisinde ortalama % 21’lik bir yatırım kaybına sebep olmuştur. Oluşan bu durum, Türkiye’nin yatırım çekme endeksi ve diğer kategorilerde dünyadaki sırasının düşmesine ya da stabil olmamasına, birçok maden yatırımcısının Türkiye’de yatırım yapmaktan vazgeçmesine neden olmaktadır. İzin süreçlerinin belirli bir süre içinde tamamlanması maden yatırımcısı için büyük bir engeli ortadan kaldıracaktır. Maden şirketleri işletme izninin; işletme ruhsatının alınmasından itibaren 2-6 aylık bir süre içerisinde verilmesini istemektedir. Ruhsat güvencesinin arttırılması, maden yatırımlarındaki riskleri azaltarak madencilik sektörünün hızla gelişmesini sağlayacaktır. Maden işletme faaliyetlerinin gerçekleştirilip gerçekleştirilmemesi kararlarının verilmesinde, üretim ile yatırıma yönelik kriterlerin yanı sıra çevre kriterleri de etkili olmakta, bu doğrultuda Çevresel Etki Değerlendirmesi’ne göre madencilik projelerinin yapılıp yapılmamasına karar verilmektedir. Türkiye’de ÇED konusunda öngörülen tüm mevzuat ve uygulama sorunları, ÇED prosedürünün madencilik sektöründen istenme sayısının diğer sektörlere kıyasla oldukça fazla olduğu bir sonucu da beraberinde getirmiştir. Madencilik sektöründen ÇED istenme sıklığı, sadece madencilik sektörüne uygulanan bürokrasiyi değil, aynı zamanda bu sektörde yatırım kayıplarını da ortaya çıkarmaktadır. Çıkan sonuç Türkiye’de onlarca sayıda maden işletmesinin ÇED nedeniyle, yatırım tutarları içerisinde ciddi orandaki yatırımlarını kaybettiğini göstermektedir. Bu durum, diğer bir ifadeyle, Türkiye’de ÇED sürecindeki değerlendirmeler nedeniyle, ÇED izin süreçlerinin uzamasını ve bu sürecin ne zaman tamamlanacağının belli olmaması sonucunu ortaya çıkarmıştır. Türkiye’de ÇED’in, ve ÇED sürecinde 3 ay içerisinde bitirilmesi kural altına alınan diğer izinlerin uygulamada madencilik sektörüne ne kadar sürede verildiğini görebilmek amacıyla maden işletmelerine anket soruları yöneltilmiştir. Bu sorulara verilen cevaplar, Türkiye’de, ÇED sürecinde (arazi mükiyet izni ve işyeri açma ve çalışma ruhsatı gibi) diğer izinlerin, çoğunlukla, 3 ay ile 34 ay arası değişen bir süre zarfında maden işletmelerine verildiğini göstermektedir. Bu izin değerlendirme sürecinin kısaltılabilmesi için; ÇED prosedürü içerisinde başvuru yapıldıktan sonra, ve hatta ÇED izni verildikten sonra, diğer kurumlardan görüş istenmesi uygulamalarının kaldırılması gerekmektedir. Ayrıca, ÇED ve diğer görüş sorulan birim temsilcilerinin Enerji ve Tabii Kaynaklar Bakanlığı bünyesinde kurulacak bir Komisyon vasıtasıyla ÇED ve diğer izinlerin verilmesi ve yönetilmesi gerekmektedir. Böylece izin sürecinde daha hızlı karar verilmesi sağlanacaktır. Yukarıda belirtilen tüm maden işletme faaliyetleri izinlerinin verilmesi birçok kamu kurumunu ilgilendiren bürokratik işlemleri gerektirmektedir. İşletme izni, maden ruhsat sahası içinde bulunan madenler için bütün izinlerin alınmış olduğunu ve maden üretimine bir engel kalmadığını gösterir. Ancak, halen Türkiye’de, işletme izni alındıktan sonra dahi yetkili Bakanlıklar dışında diğer kurumlardan görüş sorulması uygulaması devam etmektedir. Bu durum hukuken Maden Kanunu’na aykırılık teşkil etmekle kalmayıp, maden yatırımcılarının istenen izinlerin tümünü aldığı halde üretime başlayamadığı bir tablo ortaya çıkarmaktadır. Ayrıca maden işletme izni alınana kadar geçen süreler, maden üretim faaliyetlerinin gecikmesine ve hatta önemli derecede maden yatırımlarının kaybedilmesine yol açmaktadır. Oluşan bu tabloda, izin süreçleri konusunda yetkili kurumlar ve izin sürecindeki işleyiş hakkında sorunlar tespit edilmiştir. Çoğunluğuyla maden işletmeleri, izin sürecinde birden fazla kurumun yetkili olmasının, sektördeki öngörülebilirliği ortadan kaldırdığını düşünmektedir. Bu doğrultuda tüm maden işletme izin süreçlerinin tek çatı altında oluşturulacak bir Kurum tarafından yönetilmesi, maden yatırımlarının kaybedilmesini engelleyerek, madencilikle ilgili tüm süreçlerin hızlanmasını ve kolaylaşmasını sağlayacaktır.
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