Search results

This chapter appraised customary tenancy and Post COVID-19 agricultural development in Nigeria. In doing this, it discussed customary tenancy as an incident of customary tenure and the impact of Land Use Act 1978 in its evolutionary trend as a sustainable means of accessing land for long term agricultural business in Nigeria. The study made use of socio-legal research methodology involving doctrinal research method and an analysis of social context for information gathering. The primary source of law included the 1999 Constitution of the Federal Republic of Nigeria (as altered); the Land Use Act 1978 and related statutes as well as judicial precedents. The secondary sources included books, journal articles, conference proceedings, magazines, newspapers and the internet. The outcome of the study indicated that customary tenancy was a recognized method of accessing land for agriculture on long term basis among many ethnic groups in Nigeria, including but are not limited to Yoruba of Southwest and the Igbo of Southwest, Nigeria. That the method was predominantly used for agricultural purposes, and in agricultural communities. Third, that the Land Use Act 1978 did not stop the customary land practice, but rather recognized and encouraged its use through customary right of occupancy. Fourth, customary tenancy was found to have promoted access to land resources and reduction of tension and bitter acrimonies which could have been attendant to request for land resources in rural communities. It was recommended that efforts should be made by Governors who are trustees under the LUA to use their powers in the interest of the people and that reforms be undertaken to resolve latent contradictions in the Act. It was concluded that customary tenancy should be harnessed for sustainable Post COVID – 19 land use in Nigeria.

Valuation for compensation on land and buildings compulsorily acquired for public purposes is statutory. The Land Use Act (LUA) of 1978 now cited as Laws of the Federation of Nigeria, CAP l5 LFN 2007, stipulates the use of Depreciated Replacement Cost (DRC) Method in the valuation for compensation purposes for building and installation. The purpose of this paper is to criticize the application of the DRC technique in the valuation by acquiring authority as it does not arrive at fair market value and adequate compensation in Nigeria.

The method adopted for the study was a case study of real world valuation for compensation. Data used in the study were gathered mainly from government ministries and agencies responsible for land acquisition and compensation purposes. They included the Ministry of Lands and Housing, Land Use and Allocation Committee, and Ministry of Works and Transport. Market data on rental value, sales prices and other relevant data were collected from firms of professional that deal in real property.

The result of the study reveals that valuation by acquiring authority using DRC methods as prescribed by the LUA does not reflect market value and it is inadequate to put the claimants in the position they were before the acquisition. As such, most victims expressed dissatisfaction with the amount paid to them, which sometimes result to crisis, conflict and prolonged litigation, resulting in delay in executing or abandonment of the intended project.

The study is limited to only one case study on acquisition and compensation for land and buildings with particular reference to Akwa Ibom State. This limitation does not invalidate the result as the law is applicable to the whole country.

The implication is that the LUA needs to be review to fair market value as basis of valuation and payment for site value as well as the constitution to add “adequate” to Section 44 (1a). This will reduce the incidence of many communities and land owners protest against the decision of government or its agents to acquire their land for public purposes.

The methodology meets the requirement of the law regarding compulsory land acquisition and compensation in Nigeria: The LUA of 1978. Using three scenarios: the valuation by acquiring authority, claimant’s valuers and independent valuers to illustrate the critique of the methodology, the result shows the inadequacy of compensation.

This study aims at identifying the consequences of adopting statutory rather than market basis in assessing damages due to contamination to land. Most valuations undertaken to assess compensation for damages due to contamination on land are done with valuation methods prescribed by law for the compulsory acquisition of land.

A total of 80 registered valuation firms with experience in both compulsory acquisition and damage assessment participated in a questionnaire survey to ascertain the methods adopted in valuing when determining the compensation payable as damages due to land contamination and the need for a framework for such valuations, in addition to some archival documents relating to the relevant laws and some purposively selected valuation reports, which were reviewed.

The results of the analysis indicate that the use of compulsory acquisition valuation methods results in inadequate damages, which engenders conflicts among the stakeholders. The absence of any framework for damage assessment is responsible for the current practice in the Niger Delta, and it is recommended that international best practices utilising market basis of valuation be adopted.

Most valuation methods available are useful for valuing commercial properties regularly traded in the market and not applicable to the Niger Delta, which is mostly rural with very few market transactions. It is expected that this study will enable oil and gas industry operators, professional valuers advising the land owners or operators in the industry and the government to differentiate compensation paid for compulsory acquisition and compensation required to placate those suffering losses due to contamination.

The findings will assist professional valuers to be more professional in valuing contaminated land devastated by oil spills.

Adopting the findings will engender a greater acceptability of the results of valuations undertaken in the wake of an oil spillage disaster and ensure a peaceful environment for the oil operators and the entire populace.

The findings of this study are expected to assist policymakers in emerging economies and professional valuers acting in these environments to avoid precipitating crises by adopting inappropriate valuation techniques when assessing damages due to contamination. This study is original and has not been published elsewhere.

The purpose of this paper is to focus on the problems of compensation for compulsory acquisition of oil exploration fields in Delta State with particular reference to the oil field acquired by Agip Oil Company for gas pipeline way leave in Irri and Okpai towns of Delta State.

A survey was conducted in which questionnaires were administered on some residents whose lands were acquired compulsorily on one hand and some estate surveying and valuation firms who are professionals in the fields of compensation on the other hand. The data collected were analyzed and presented using simple statistical methods.

The findings in this paper show that the compensation paid to residents whose lands were acquired is grossly inadequate, since professionals are not always involved in the process.

The paper shows that the issue of compensation for compulsory acquisition for oil exploration is very central in the oil‐rich Niger‐Delta, and if this is not handled carefully, it can lead to uncontrollable crisis.

This paper empirically examined the process involved in compulsory acquisition and compensation of land in the Niger‐Delta for oil exploration with a view to determining the adequacy or otherwise of the compensation paid.

The purpose of this paper is to examine issues of compulsory acquisition, evaluating the quantum of compensation paid to natives of communities whose farmlands are acquired and issues that must be dealt with to provide adequate compensation to claimants.

Using an oil well acquisition base in Boboroku, Jesse in Ethiope-West local government area of Delta State as a case study, various compensation claims were examined vis-à-vis market value claims in compulsory acquisition.

It was found that many claimants received N1,000.00 (naira) or less as full compensation claims for their crops while families lucky to own lands received more reasonable payments. It was also found that 40 of the 142 claimants in Boboroku community received only N4,146,120.00 as opposed to N8,802,750.00 they should have received under market values. Similarly, 39 claimants in Okuno should have received a market value of N3,195,920.00 as against N1,370,609.00 that was actually paid by the acquiring authority confirming that the rates applied were grossly inadequate.

It was established that there was no statutory provision for disturbance losses from revocation of land interests. Also, the productivity of economic crops and trees was not considered nor was the computation of claims based on market values. The paper further established that claims should be compensated on the basis of productivity value and life span of interests being acquired and not on arbitrary rates supplied by the acquiring authorities.

The case study methodology used in this paper enabled contribution to the body of studies which hitherto highlighted the issues of compulsory acquisition and quantum of compensation. It, therefore, adds to the problem-solving framework on compulsory purchase matters in Nigeria.

The paper seeks to describe the historical development, current status, and operation of real estate law and policy in Nigeria in the context of global requirements for sustainable development.

The paper takes the form of a literature and legislative review. It examines the existing real estate law and policy (Land Use Act No. 6 of 1978) in Nigeria. The relevance of sustainable development to real estate laws and policy is highlighted. A brief comparative study of land issues in Nigeria and some developing nations is also included.

The existing real estate law and policy in Nigeria is inadequate to meet the aspirations for sustainable development.

The paper makes recommendations geared towards appropriate real estate laws and policies for sustainable development in Nigeria.

The paper contributes to the critique on the existing real estate laws and policies in Nigeria. Based on tenets of sustainable development, it offers useful guidance on future formulation of real estate law and policy, in particular community participation, setting of different time periods, and the targets that each period must realize.

The law of catastrophic wildfire prevention and response in the Mediterranean member states of the European Union stands in stark contrast to that of common law nation states such as Australia and the United States. This is due primarily to the higher levels of reciprocal moral and legal obligations between governments and citizens established in various sources of European law. Focusing on the relationship between the EU, Spain, and the Autonomous Community of Catalonia within Spain, this chapter describes these three legal frameworks as they are nested within each other, followed by some case law examples of these laws in action. We compare and contrast the philosophical assumptions underlying the utilitarian cost–benefit approach to regulatory justification used in the United States with the precautionary principle model emblematic of the European Union, the member state of Spain, and its Autonomous Community of Catalonia. Regardless of approach, protection of the public health, safety, and welfare will only be as robust and effective as the government agencies that have that responsibility, and the degree of cooperation with those agencies of the citizens they serve.

The Land Use Act of 1978 is a promoter of land occupation regardless of gender. However, the marginalisation of women in the occupation of land remains a serious concern. Hence, this study explored the inhibitors to women's right to occupy land in the Ajebamidele Community in Ile-Ife with a view to supporting the need for the proper implementation of land regulations.

The data for the study were elicited from 13 women who were purposively selected. With the aid of Atlas.ti software, the study took a phenomenological approach to the analysis of the data obtained during structured interviews with the respondents.

The results revealed the factors inhibiting women's right to occupy land were unavailability of finance, education status/awareness, intrapersonal factor, custom and tradition, mode of acquisition and socio-economic characteristics.

Like their male counterparts, the role that women play in national development are significant. As such, the findings of this study will assist the government in the formulation of policy for the proper implementation of the current land policies and regulations.

Only a few attempts have been made to study the inhibitors to women's right to occupy land using the qualitative approach in emerging economies.

In the past 10 years, most countries and cities have published a national adaptation strategy that outlines the strategic approach to reduce the vulnerability to climate change and to adapt to the impacts of it. The existence of an adaptation strategy does not, however, equal implementation of adaptation and the fact that adaptation is taking place across multiple levels also poses new challenges to its efficient implementation. The literature on barriers of adaptation has been increasing rapidly, questioning whether there is a misconception that barriers to implementation can be solved at the local level.

This paper analyses the implementation of adaptation strategies across multiple levels of governance by focusing on the land use planning in Finland. The case study examines the implementation of adaptation in the metropolitan region of Helsinki through a policy document analysis.

The conclusions highlight that there are barriers at the local level that emerge from the existing governance structures and cannot be solved by the local level alone. There needs to be a further recognition that coordination across levels of governance is a factor in overcoming barriers.

So far, there are very few studies that have analysed barriers in relation to the implementation of adaptation in a multi-level setting, and none in the land use sector, which is inherently hierarchical in nature.

William R. Freudenburg’s work contributes to an understanding of how local and external factors influence environmental quality through land-use planning and growth management. A recent Adirondack planning study (Ruzow Holland, 2010) explores and analyzes, through the methodological lens of Participatory Action Research (PAR), how the town comprehensive planning process evolved within the community of Willsboro, New York (2010 Population 2025). Access to knowledge, technology, and deliberative decision making reduces the power of the “Privileged,” including external influences, to control the rate and type of local land development. The analysis illustrates the conversion point(s) of Freudenburg’s sociology of knowledge, power, and natural resources with the lessons learned from a place-based PAR, land-use planning project.