Browsing by Author "ASHENAFI ABREHAM JORGE"

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    EXPROPRIATION OF PERI-URBAN LANDS IN SNNPRS: EXPERIENCE FROM HADIYYA ZONE
    (HAWASSA UNIVERSTY, 2018-06) ASHENAFI ABREHAM JORGE
    This paper critically examines the laws applicable for expropriation of peri-urban lands in SNNPRS and the adequacy and fairness of the amount of compensation and the existence of public purpose. The paper also tried show the process of expropriation in existing laws and regulations in SNNPRS such as regulation No. 123/2015 and Directive No.08/2015, both laws were issued to implement the federal Lease holding proclamation No.721/2011. In conducting this empirical research, the author has utilized both case study and qualitative legal research, where one particular expropriation case is studied carefully. Among primary sources interviews, focus group discussions, and laws were utilized. And also relevant literatures were used as secondary sources. This paper also reveals the existence of great discontent by the evicted landholders due to payment of inadequate amount of compensation because of improper and unreasonable methods of calculating compensation. However, the FDRE Constitution and its counterpart of SNNPRS constitution provided for secured and lifetime use right over rural landholdings and also provides for payment of ‘commensurate’ amount of compensation in advance. In addition to this, this study has also revealed the circumstances in which public purposes are not implemented in harmony with time and manner agreed. The peri-urban farmers who were evicted of expropriation were unable to be reinstated to their former economic as well as social positions due to delay and inadequacy of compensation and absence of dedication by the expropriating authorities to help them rehabilitated. Moreover, the basis of calculation provided under the expropriation proclamation is unreasonable and could not be a basis for ‘commensurate’ amount of compensation. The author suggested the regional state to issue implementing directive for the federal expropriation proclamation and require the government to pay interest for the evictees based on the delay in cases where possession is taken before compensation is paid.