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May 17th, 2012

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Q2: - 2009/04/15 10:31 GMT Can the property rights of poor land users in peri-urban areas be better protected and compensated in cases of eviction?
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Re:Q2: - 2009/04/23 08:57 GMT Yes! But only if the necessary legal and institutional frameworks are put in place. It is all about land!
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Re:Q2: - 2009/04/23 10:52 GMT Also, by limiting compulsory evictions only to "public interests" and have the term "public interest" well defined. On this basis, with a legal backing, poor land users would be bettwer recognized and compensated in the process? It is all about land!
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Stein Holden

 
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Re:Q2: - 2009/04/24 17:10 GMT We may also add the issue of how to determine the appropriate level of compensation. Views on that are welcome!
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Re:Q2: - 2009/04/27 18:35 GMT People in the peri urban areas are evicted on account of public interest. But most often, such evictions never raise questions 'for whom, at who's cost?'

Global principles of compensation to the peri urban poor with productive land resources on their evictions if exist, the problems could be solved to a certain extend. The poor shall not be evicted solely for the benefit of the rich urban population, ignoring the interests of the 'tonguless' or unorganized peri urban poor.

Political leaders of high integrity can solve such issues easily. Political empowerment of the peri urban population is a means to safeguard their land interests when they are evicted, otherwise the powerful rich will exploit them uscrupulously.

Politcally active and strong peri urban populations in South India are good examples in this regard. They fight for their land rights and therefore, the peri urban are also strong, and slums are quite rare in the wholly urbanized state of Kerala, in South India.
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Stein Holden

 
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Re:Q2: - 2009/04/27 21:23 GMT Compensation may be based on alternative principles, e.g.:
a) The market value of the lost land,
b) The use value based on the productive use of the land in recent years
c) The replacement value, the cost of providing alternative land that can be used for the same purpose
d) Other suggestions? Waht seems to be most fair or appropriate?
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Re:Q2: - 2009/04/28 17:55 GMT Compensation shall not be for the land alone, but also for the facilities - the urban amenities - that they lose.

As a compensation they shall be given productive land, new houses and sufficient money for a better new start in life; the place of rehabilitation (the new settlemet)shall not be very distant (not more than 10 -20 km)and the new place shall have good roads, schools, hospitals and transport facilities wherever it is located.

People who are forced to move out of their normal place of dwellings shall be given sufficient incentives so that the moving out of such helpless people from their homes for the betterment of certain others of the society will never feel it as a punishment for that act of sacrifice. This is a moral obligation of the society which force people to move out forcefully.
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Re: Q2 - 2009/04/29 14:03 GMT First and foremost, the grounds for eviction should be such that they are equitable and the eviction must be necessary in the interest of overiding public benefit or where the lives of these people are at great risk. So may countries an urban authorities evict poor people in the name of public interest (which public interest is never defined and always abused). There should be safeguards in the law and the procedures should be elaborate to avoid abuse. The principles of assessing and paying compensation should also be clear, equitable and fair and should include e.g.

a. adequate and fair compensation which should be promptg and paid prior to the eviction.

b. the basis of assessment should be full replacement cost/value; in my country the law provides for depreciated replacement cost of buildings/structures which is unfair; the full replacement cost should apply to both the land and any assets on land (crops and building)

c. for the poor people it may be better not to receive compensation in monetary terms, but replacing the lost land and assets.

d. resettlement should always be considered

Post edited by: Nsamba Gayiiya, at: 2009/05/06 15:17 GMT
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Re:Q2: - 2009/08/26 15:05 GMT Can be done but honestly.
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Re:Q2: - 2009/09/26 01:22 GMT It's possible if the people in charge wouldn't be so greedy.

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