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An Evaluation Of The Concept Of Adequate Compensation In Compulsory Acquisition Practice In Nigeria

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  • Utchay A. Okorji

Abstract

Compulsory acquisition and compensation in Nigeria is a topical issue fraught with legal and subjective definitions as to the concept of adequate compensation. Compensation is paid by the acquiring authority for the loss suffered by an owner when property is compulsorily acquired for public interest. The thorny issue is whether or not the compensation paid is adequate as what constitutes adequate compensation is seen from different lenses. The prevalent position however is that, often the compensation paid by the acquiring authority for compulsory acquisition is considered not adequate. In Nigeria, this debate and agitation ongoing with several litigations on the issue. The aim of this study is to evaluate the concept of adequate compensation by conducting an analysis of case law from the High Courts of Rivers State of Nigeria, an analysis of various applicable legislations and the different perspectives held by stakeholders such as professionals involved in compulsory acquisition and compensation and those in the public sector responsible for compulsory acquisition and compensation. The study sets a frame within which the concept of adequate compensation will be better understood and approached in practice.

Suggested Citation

  • Utchay A. Okorji, 2019. "An Evaluation Of The Concept Of Adequate Compensation In Compulsory Acquisition Practice In Nigeria," AfRES 2019-063, African Real Estate Society (AfRES).
    • Handle: RePEc:afr:wpaper:2019-063
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    Keywords

    Acquiring authority; Adequate Compensation; Compulsory Acquisition;
    All these keywords.

    JEL classification:

    • R3 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location

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