Article of the Month - 
	  February 2009
     | 
   
 
  	    Global Concerns in Compulsory Purchase and 
		Compensation Processes
		Kauko VIITANEN, Finland and Ibimina KAKULU, Nigeria
		
		 
		This article in .pdf-format
		(16 pages and 143 kB) 
		
		1) This paper has been prepared and 
		presented at the FIG Working Week in Stockholm, Sweden 14-19 June 2008. 
		Key words: Compulsory Acquisition, Expropriation, Statutory 
		Valuation, Compensation 
		SUMMARY 
		The basic principles and processes in compulsory purchase and 
		compensation are perceived to be quite similar even though the practice 
		may vary in different nations or regions. More often than not the 
		assessment of compensation which is described in technical parlance as 
		‘Statutory Valuation’ is usually influenced by local and national 
		statutes, enactments or laws that provide the basis upon which existing 
		professional standards and methods may be applied. This process 
		introduces some complication into the practice of valuation for 
		compensation that is not usually associated with other forms of 
		valuation. At an International Seminar on Compulsory Purchase and 
		Compensation held in Helsinki – Finland 6th to 8th September, 2007, a 
		number of issues were raised in connection with compulsory land 
		acquisition, compulsory purchase, expropriation, land take and other 
		nomenclature used to describe the use of eminent domain powers to obtain 
		land for public purposes. Presentations were made by over 40 speakers 
		from about 20 countries. Their experiences though localised were quite 
		similar overall and certain global concerns were highlighted 
		particularly the need for intervention in the form of global standards 
		and practice codes. This paper represents a synthesis of the issues 
		addressed at the seminar and highlights the potential challenges if the 
		concept of globalization of standards is to be extended to statutory 
		valuation practice, procedures or methods. The paper recognizes that 
		compulsory acquisition and compensation problems are associated with the 
		level of national and regional development of a particular country. This 
		is deduced from the similarities in experiences of various presentations 
		categorised by the level of development of a particular country. It also 
		suggests who the potential stakeholders are likely to be and their 
		respective roles in the development of global codes of practice for use 
		in the assessment of compensation in compulsory acquisition and 
		expropriation. 
		 
		1. INTRODUCTION 
		During the Seminar on Compulsory Purchase and Compensation held at 
		the University of Helsinki (TKK), Finland, 6 – 8 September 2007 
		(Helsinki seminar 2007) several key issues on expropriation statutes, 
		processes and methods were raised and discussed. Accounts from different 
		countries represented at the seminar reveals that the similarities and 
		differences in expropriation and compulsory purchase experiences flow 
		along a continuum from poor practice to good practice with countries 
		fitting in at different points along the spectrum. Participants 
		expressed concern that despite existing differences in statutory 
		provisions of these individual countries, an international code on 
		compensation might be required to harmonize certain critical aspects of 
		the practice in order to achieve globalization of standards. The seminar 
		was organised by FIG Commission 9 (Valuation and Management of Real 
		Estate), in conjunction with the Baltic Valuation Conference; FIG 
		Commissions 7 (Cadastre and Land Management) and 8 (Spatial Planning and 
		Development), Finnish Association for Real Estate Valuation and Helsinki 
		University of Technology, Institute of Real Estate Studies. It received 
		support from the United Nations Food and Agriculture Organization (FAO), 
		World Bank, UN-Habitat and the Government of Finland particularly the 
		National Land Survey of Finland.  
		Compulsory acquisition or purchase is the process by which local and 
		national governments obtain land and premises for development purposes 
		when they consider this to be in the best interest of the community. The 
		process of valuation for compulsory acquisition of landed property is 
		governed by legislative statutes that vary from one country to another. 
		The term has a number of variants some of which are compulsory purchase; 
		expropriation; land-take or eminent domain. In all cases the owners or 
		occupiers are denied their property rights for overriding public 
		interest, public purpose or public benefit and are entitled to full, 
		just, fair, equitable and adequate compensation. Compulsory purchase is 
		an important tool in land acquisition although in many countries land 
		acquisition can often be arranged through other means such as by 
		voluntary agreements. In recent years discussion on the use of 
		compulsory purchase had been rather limited and new legislation, 
		practises and methods of valuation for compensations may have developed 
		and been adopted over the years. In organising the seminar, FIG 
		Commission 9 concerns were about how well these new legislations and 
		practices function and also whether the old methods and procedures might 
		have become ineffective or unpopular.  
		The major goal of the meeting was to intensify the discussion between 
		valuers, surveyors, real estate experts, financiers, urban planners, 
		researchers, teachers and decision makers and develop common ideas for 
		shaping the future of compulsory purchase and compensation in land 
		acquisition and takings. The seminar concentrated on a number of 
		objectives (Helsinki seminar 2007):  
		-To identify the legal structures and practices in compulsory 
		purchase and compensation in different countries, 
		-To study if compensation statutes, valuation methods and manners can 
		actually lead to full and just compensation and identify possible 
		shortcomings, and 
		-To find possible and effective solutions to solve the problems 
		especially in developing countries including best practices and those 
		principles that should be taken into consideration or those should be 
		avoided.  
		This paper presents a synthesis of the issues raised and forms the 
		basis for further action in the form of research, law and policy 
		reforms. A qualitative research methodology which involved an in-depth 
		review of the conference presentations using content analysis and 
		interpretation tools was applied to obtain our findings.  
		2. ‘PUBLIC PURPOSE’ AND EXPROPRIATION 
		Land acquisition for overriding public interest, public purpose, or 
		public benefit can be easily understood and accepted where the purpose 
		is to build a school, hospital, recreational facility or to provide 
		infrastructure and services that members of the public can physically 
		see and use. However, where in the process of acquisition a private 
		undertaking is able to profit from the taking of land at a price which 
		disregards the value of the land to the project, then there is bound to 
		be some form of resistance by the land owners (Denyer-Green, 2000). Some 
		projects may not pass the “public purpose” test because of subsisting 
		private interests and profit orientation motives. The issue of “public 
		purpose” within the context of compulsory acquisition and compensation 
		was addressed during the seminar. Alterman (2007) discussed the signs of 
		crisis in several countries that stem from a growing disparity between 
		law and practice and what these signs may mean for the future of the 
		concept of the “public purpose” as a basic tenet for legitimate land 
		expropriation.  
		Although there are many shared characteristics and rules about how to 
		determine compensation, there are also major differences among countries 
		in terms of details of the legal conditions for undertaking 
		expropriation. Alterman (2007) also asserts that “public purpose” is the 
		essence of expropriation and the core of its legitimacy and prescribes a 
		conceptual model of dimensions for use in determining the “public 
		purpose” in land-expropriation law and policy. Her presentation 
		anticipates and suggests the need for alternative tools and approaches 
		which are more democratic and fair. The authors identify with this 
		position particularly in terms of the need for definitions of public 
		interest, public purpose and public benefit. Kalbro (2007) reviewed 
		public interest and expropriation by private bodies in Sweden and poses 
		the question whether private can be justified? A three-point criterion 
		for the public interest test is that the benefits of the expropriation 
		must exceed its cost; the value of the new land use must be higher than 
		the existing use; the purpose of the expropriation must be important; 
		and the buyer needs a particular area of land for which the seller is in 
		a monopolistic situation. In the case of private expropriation, the 
		paper recommends acceptance, if the purpose is ”important” and a 
		specific piece of land is required.  
		3. EXPROPRIATION SYSTEMS 
		Expropriation systems describe the process through which land is 
		acquired and compensation is paid. Different issues on expropriation 
		systems were raised and discussed. Plimmer (2007) presented an overview 
		of the Compulsory Purchase and Compensation system in England and Wales 
		portraying the legal principles which govern the process of gaining 
		compulsory acquisition powers in England and Wales and the circumstances 
		under which compensation may be claimed. Issues regarding the equity of 
		the current provisions and potential for reform were outlined and a 
		brief introduction to the proposed United Kingdom betterment tax known 
		as the Planning-Gain Supplement. The conclusions are that the detailed 
		rules are complex and require reference to judicial interpretation and 
		also that the use of compulsory purchase powers is unpopular. To some 
		extent, the powers have been neglected in favour of buying by agreement. 
		There is, therefore, some level of skill shortage in the use of the 
		highly technical compulsory purchase and compensation process in the 
		United Kingdom.  
		This complexity and difficulty in interpretation is not restricted to 
		the United Kingdom alone. According to Voss (2007) compulsory purchase 
		and compensation according to the German Federal Building Code. The 
		German constitution allows expropriation only if common welfare requests 
		it i.e. the (common welfare clause), if the special purpose is fixed by 
		law, which regulates the kind and extent of the compensation, and if 
		there are no other ways with a lower level of interference to reach the 
		purpose, e.g. land readjustment instead of expropriation. In Germany the 
		expropriation is stipulated either on the federal level (Building Code) 
		or on state level, e.g. roads and protection of monuments. In practice 
		expropriation is carried out sparely but it is important that a well 
		balanced system exists. Mattsson (2007) reviewed the institutional 
		framework for compulsory purchase in Sweden. There exist two methods: 
		expropriation carried out by the Land court or expropriation for special 
		purposes carried out as a cadastral proceeding by a cadastral surveyor. 
		In both cases the expropriation permission will be decided by the 
		Government. The cadastral procedure is, however, faster and more 
		flexible. Knovles (2007) discussed the background and administration 
		processes in compulsory purchase of land for roads by the Crown in New 
		Zealand. The acting authority is the Land Information New Zealand which 
		also uses accredited private sector contactors in the process. Most of 
		the cases will be agreed by negations.  
		Ratcliffe (2007) examined issues related to the use or non use of 
		Compulsory Acquisition processes in Melbourne, Australia and highlighted 
		the existence of good practice procedures. In Australia compulsory 
		acquisition of land is authorised by the Commonwealth Constitution and 
		is set out in the State legislation. The Government Land Monitor plays a 
		fundamental role in ensuring accountability and transparency with 
		respect to land purchase and compulsory acquisition. This independent 
		audit body issues guidelines titled “Policy and Instructions for the 
		Purchase, Compulsory Acquisition and Sale of Land”, which are mandated 
		requirements for all property transactions undertaken by Victorian 
		government agencies.  
		Steinsholt (2007) examined the Norwegian experience of a 
		decentralized system of land use control, land acquisition and 
		expropriation and identified a number of issues such as lack of 
		standards on how the function on land use decisions connected with land 
		acquisition should be performed. Lack of an institutional framework, 
		lack of capacity and the preference for negotiators who do not have any 
		policy guidelines for their service are highlighted. There are no 
		standards of organisation; competence is lacking; procedures of land use 
		control are not in place and also that there are no land use specialists 
		and this calls for a Norwegian national discussion upon professionalism 
		within the public land acquisition institutions reforms.  
		Navratil and Frank (2007) investigated the interaction between 
		expropriation and the cadastre and presented a conceptual model for land 
		registration legislation in new cadastral systems. The simple cadastre 
		can be used as a framework in which to analyse questions of land 
		management independent of national particular solutions. The main goal 
		however should be to improve the protection of ownership rights in land. 
		The paper asserts that expropriation processes benefit from a well 
		organized land registration system and the level of support provided by 
		a cadastre can influence expropriation procedures. From the forgoing, it 
		would appear that expropriation systems are quite diverse in nature and 
		are based on enabling statutes and policy guidelines.  
		4. NEED FOR EXPROPRIATION AND ALTERNATIVES 
		Governments all over the world are usually faced with land use 
		demands for development and infrastructure provision. Although most of 
		these challenges are met through expropriation or compulsory 
		acquisition. There have also been suggestions for alternative approaches 
		and methods. Lehavi and Licht (2007) propose a novel solution for 
		“squaring the eminent domain circle” when large-scale, for-profit 
		development projects require the assembly of land from numerous private 
		property owners. Such situations are referred to as “anticommons” based 
		on the ’public purpose’ principles of compulsory acquisition and 
		compensation and often leaves landowners under compensated. The proposed 
		model is expected to open a promising new route for creating the right 
		incentives for private developers and for public authorities to exercise 
		eminent domain powers for land assembly only in development projects 
		that are truly welfare enhancing. Although the mechanism does not 
		purport to ensure that all parties involved will always be completely 
		satisfied, it does offer a significant improvement on the issue of 
		fairness and justice toward simple-rank landowners.  
		 
		Yomralioglu, Uzun and Nisanci (2007) examined voluntary acquisition 
		of land in Turkey. The procedure of voluntary acquisition is usually 
		applied when a landowner wishes to obtain a construction permit from 
		local authorities and the cadastral parcel does not fulfil zoning 
		requirements (e.g. minimum length and width). The landowner is required 
		to find alternative solutions to meet the zoning requirements. The basic 
		principle is to re-demarcate existing cadastral parcel boundaries 
		according to the rules of zoning plans. Options such as boundary 
		exchange, land readjustment, subdivision and land consolidation were 
		discussed. Maasikamae, Jürgenson and Lihtmaa (2007) reviewed the 
		problems of land acquisition and expropriation for development in 
		Estonia. The presentation addressed voluntary tools of land acquisition 
		and suggests that this approach to land acquisition would be more 
		accepted if compared with the compulsory tools. A relationship was 
		established between planning and expropriation noting that the presence 
		of plans (detail and master plans) happens to be an important 
		precondition for land owners to accept the land expropriation.  
		Nuuja, Falkenbach, Havel & Viitanen (2007) reviewed the coercive 
		purchase of a missing part of a plot in Finland, a procedure which aims 
		to enable the implementation of a detailed level land use plan for 
		building purposes in situations where the real property division and 
		ownership do not correspond to the plan. The Finnish expropriation 
		tradition allows parties other than a public authority the right to 
		compulsory purchase and coercive purchase of a share in a common area or 
		coercive purchase of a missing part of a plot by a private land owner. 
		In all instances of expropriation the requirements of public need and 
		full compensation must be met. The paper focuses on the procedure of 
		coercive purchase of a missing part of a plot, regulated by the RFA 
		Sections 62-64 and recognizes that the significance of the procedure is 
		in the incentive it gives to the vendors to promote the plan 
		implementation through voluntary transactions. It also discusses the 
		shortcomings of coercive purchase.  
		5. EXPROPRIATION PROCESS, VALUATION AND COMPENSATION 
		There were several presentations on expropriation processes, 
		valuation and compensation. Valuation for compensation in compulsory 
		land acquisition is driven by the provisions of the Acts, Decrees and 
		other relevant statutory enactments guiding the process. This framework 
		usually specifies the basis and methods of assessment, as well as the 
		procedures, heads of claim and roles of respective parties. It is 
		influenced by the level of socio-economic development of particular 
		nations; their development needs, cultural norms and land-use patterns. 
		Also influential is the level of development of the appropriate national 
		professional body.  
		Deveikis, Aleksienė and Galinienė (2007) examined the development of 
		procedures and the role of valuation in compulsory purchase of property 
		for public needs and compensation in Lithuania. Single property 
		appraisal and mass appraisal systems are discussed. Good practice in 
		cadastre and real property registration in Lithuania encourages good 
		practice in compulsory purchase because information on market 
		transactions is available and very relevant and important in the real 
		property valuation, particularly in valuation in case of expropriation. 
		However, there often seems to be problems in determining the 
		compensations.  
		Kucharska-Stasiak (2007) analyzed issues of uncertainty of valuation 
		in expropriation processes in Poland and postulates that a weak legal 
		system; an unreformed land and mortgage register system; lack of local 
		zoning plans; and lack of capacity amongst valuers; collectively do not 
		allow the real property market to function efficiently. Uncertainty in a 
		market value basis for compensation was examined and suggestions that 
		market value cannot be recognized as a correct basis for calculating 
		loss incurred by the expropriated party because of uncertainty and the 
		hypothetical nature of market price. Issues such as the individuality of 
		value were considered using a special purpose building design for a 
		blind owner as an illustrative case for which a proper comparable may 
		not exist and suggests that the market value should only be indicative 
		of the lower limit of compensation. Also Zrobek and Zrobek (2007) 
		examine the current state of just compensation for real estate 
		expropriation in Poland and make proposals for changes. The study shows 
		that the principle of calculating compensation according to Polish law 
		leads to the conclusion that there is a fair amount of good will to 
		compensate owners of expropriated real estate for the loss that they 
		incur. Nevertheless, the law is not perfect. In many cases, persons 
		being expropriated feel aggrieved by the very fact of the expropriation 
		itself as well as by the amount of compensation offered to them. This is 
		particularly true in the case of elderly persons, who tend to feel 
		greater resentment caused by the loss of their real estate. More often 
		than not, they cannot accept new conditions in which to live or resume 
		their professional activity, particularly in cases where it is not only 
		land that is expropriated, but also buildings. The compensation equal to 
		the market or cost-based value of their built over real estate in some 
		cases is usually not sufficient to buy new real estate.  
		The problems in compensations were addressed by many others, too. Lin 
		(2007) discussed the protection of property rights through compensation 
		in Taiwan where currently the same method of valuation is applied to 
		both property taxation assessment and expropriation compensation. As a 
		result, the tax based value has proven to be significantly below the 
		market value. The existence of an ad hoc valuation rule in Taiwan in 
		which the local valuation committee is entitled to raise the announced 
		current land value for properties to be expropriated in the near future 
		has also resulted in some properties being over-compensated whilst 
		others remain under-compensated relative to market value. Salauyova 
		(2007) reviewed compensation in compulsory purchase of residential 
		property in Belarus. Since 2007 the compensation is assessed by special 
		organisations with qualified valuers. Compensation can be either 
		monetary or relocation. According to her the compensations are over two 
		times higher than the market value but the treatment of landowner is not 
		equal. Tomson (2007) interprets key issues in valuation for 
		expropriation in Estonia where valuation is carried out by private 
		valuers and not by valuers in public authorities. The main issue 
		addressed is the contradiction between market value and economic loss 
		because in many cases there is no connection between market value and 
		losses from point of view of property owner. He concludes that it is 
		complicated to develop legislation because of insufficient feedback from 
		the practice and at the same time practice is poor because of gaps in 
		legislation.  
		Argerich and Herrera (2007) make comparative analysis of 
		expropriation laws in force in the Argentine Republic to identify 
		distinctive features that appear in the different jurisdictions and 
		emphasize the need for unifying criteria in order to guarantee an 
		integrally fair value. The National Constitution of the Argentine 
		Republic recognizes the subjective right to private property. To fulfill 
		the development of public utility, the State can deprive the owner of 
		real property on a compulsory basis, following specific procedures and 
		paying a prior compensation, in money, integrally single and fair. 
		However proceedings established by Law in the different Argentine 
		provinces for the initial determination of previous compensation to real 
		properties expropriation indicate the enforcement of diverse criteria 
		which impose, in most cases, the estrangement from any conciliation 
		form.  
		Mangioni (2007) considered the epistemology of value in the 
		assessment of Just Terms compensation in Australia. The principles which 
		govern the assessment of compensation in Australia were examined and 
		gaps identified gaps in the parity of compensation that impact on some 
		parties in the compulsory acquisition process. The epistemology of value 
		in the assessment of Just Term Compensation provides a construct in 
		which the commercial assessment of value can be defined in settling 
		compensation matters. The basis of the argument supporting the 
		compensation assessed is important and the presentation suggests that 
		valuers establish points of agreement and differences in expediting the 
		resolution process. This can only be achieved when valuers assume the 
		role of determining market value when they act as advocates, regardless 
		of whether they act for the acquiring authority or dispossessed party. 
		Elliott (2007) investigates the conflicts in infrastructure provision 
		and property values in Australia and presents a conceptual model of risk 
		perception, amplification and worsening. The developed conceptual model 
		facilitates understanding of the attitudinal component of stakeholder 
		concern in terms of risk perception and considers that the land 
		acquisition process itself is crucial to the risk perceptions of 
		affected land owners. It facilitates the explanation of variations in 
		worsening associated with the provision of High Voltage Overhead 
		Electricity Lines (HVOTL) and links these value impacts to factors that 
		cause variations in public perceptions of infrastructure hazard. The 
		conclusion is that risk perception and its assessment influence buyers’ 
		and sellers’ attitudes to decisions about real estate price and value. 
		See also Crawford (2007) who e.g. pointed out the role of solicitor and 
		the work together with all stakeholders.  
		Norell (2007) addressed the issue of market value as a fair and 
		objective measure for determining compensation in compulsory acquisition 
		of land in Sweden. The owner’s satisfaction with market value payments; 
		fairness with respect to the possibilities of acquiring an equivalent 
		property; whether the market value is an objective measure for 
		determining compensation and how uncertainty of valuation could be 
		accounted for was the main focus. According to him the market value is 
		normally too low for a property owner to feel been fully compensated. 
		Because of that he recommended to use a higher value i.e. “safety” 
		margin, however, yet taking into account that the level of compensation 
		should result in a fair balance between public and private interests.
		 
		Finally, Heinonen (2007) discussed the concept of ‘quality 
		management’ which usually is associated with designing, developing and 
		implementing a product or service. The critical success factors of an 
		expropriation process are identified as high quality of the compensation 
		valuation procedure; uniform processes in all units; reliability of a 
		cadastral system, customer satisfaction. The ‘tools’ of the NLS quality 
		management system include clear process and quality responsibilities; 
		detailed process and product descriptions, process instructions, manuals 
		and standards. The sound reputation of the NLS as the expropriation 
		authority is, among other things, based on the strong process based 
		quality management system.  
		6. COMPULSORY ACQUISITION IN DEVELOPING COUNTRIES 
		There were four papers in this category which addressed compensation 
		issues in developing countries. There are a few examples world wide 
		where pro poor approaches to compensation and expropriation have 
		occurred and research is generally lacking in this field. Westman (2007) 
		discussed the need for pro poor approaches to compensation and 
		expropriation in developing countries. The presentation focused on 
		forced evictions and compensation and emphasized the need to 
		continuously improve land administration tools to include the urban 
		poor. The role UN-Habitat has played in facilitating the creation of a 
		Global Land Tool Network (GLTN) for the development of pro-poor and 
		gendered land tools was also highlighted. To tackle the challenges in 
		developing a flexible infrastructure and standards organisations like 
		FIG could play a significant role in developing pro poor approaches to 
		compensation and expropriation in developing countries. Landford (2007) 
		examined power relationships in compulsory land purchase from a 
		grassroots and human rights perspective and suggests that compulsory 
		acquisition proceeds rapidly where the political, economic and legal 
		power of those affected is weakest. Within the last decade, large-scale 
		public infrastructure projects - dams, roads, electrical networks, major 
		events like Olympics, have resulted in millions of people being forcibly 
		evicted city’s appearance. Also the definition of ‘public purpose’ is 
		increasingly stretched to include private purposes.  
		Nuhu (2007) examined the process of land acquisition and compensation 
		in the development of the new capital territory Abuja, in Nigeria, and 
		reveals that the existing provisions of the law cannot compensate 
		dispossessed land owners adequately. It attributes the controversies 
		associated with compensation to the provisions of statutory methods of 
		valuation contained in the Land use Act (LUA) and suggests the need for 
		reforms in statutory valuation processes in Nigeria. Kakulu (2007) 
		reviewed ‘valuation process’ issues in the assessment of compensation in 
		compulsory acquisition of land in Nigeria. Particular reference was made 
		to the process of land acquisition and compensation for the construction 
		and development of oil and gas production infrastructure in the Niger 
		Delta region. The framework of analysis was within the context of 
		conflict assessment and resolution. Some of the factors responsible for 
		the assessment and payment of inadequate compensation to expropriated 
		land owners is believed to contribute to the current crisis in the Niger 
		Delta region. Valuation for compensation unlike other forms of valuation 
		can be subject to scrutiny by other parties such as civil society and 
		human rights groups if there is an outcry of inadequacy and in order for 
		valuers to be protected, standards are required. In terms of 
		accountability, valuation for compensation is not only expected to 
		satisfy professional standards of valuation but in addition, 
		constitutional provisions and international requirements for just, fair, 
		adequate and equitable value must be met. It identifies lack of 
		transparency; lack of professional standards; bad governance and an 
		underlying fabric of corruption as being responsible for inadequate 
		compensation assessment and payment.  
		7. HISTORY AND DEVELOPMENT OF EXPROPRIATION 
		There were five presentations in this category and with each 
		addressing different issues on the history and development of 
		expropriation. Gregory (2007) discussed on the development of Australian 
		law which was modelled on English law. Grover (2007) handled the 
		development of compulsory purchase in the transitional countries of 
		Central and Eastern Europe since the Soviet era. Those countries that 
		have joined to EU have spurred to develop fair systems, e.g. because of 
		adoption of European Convention on Human Rights as condition of 
		membership.  
		Zaleczna and Havel (2007) discussed the institutional changes, social 
		capital and old expropriation consequences in Poland and examine 
		previous acquisition and recent claims for the land back or for unpaid 
		compensation. The paper considers issues such as the form of restitution 
		in such cases and the limits of the claim and considers possible 
		solutions and acknowledges that although post-socialist reforms have 
		occurred in Poland, there is still the lack of a general restitution law 
		and that this introduces risk and uncertainty in the property market. 
		Sometimes justice on restitution is given after 40 years and it is 
		difficult for valuers to gather enough data to value the historic 
		property. The Polish authorities and society have had to deal with a 
		variety of restitution claims that had originated under the totalitarian 
		regime, and they have had to act in a manner ensuring that the rights of 
		all those wronged are given equal consideration. Restitution is 
		necessary to build the institutional framework for the real property 
		market in Poland. Zrobek (2007) discussed proposed changes to the 
		principles and procedures of real estate expropriation in Poland after 
		1945 while Maasikamae (2007) reviewed some of the problems of land 
		acquisition and expropriation for development purposes in Estonia  
		8. FAO/WB INITIATIVE 
		A lot of attention was been given to the background and context for 
		the FAO/World Bank Initiative on and draft guidelines on Compulsory 
		Purchase and Compensation. There were three presentations in this 
		category. Hilton (2007) presented a case study on Ethiopia; Knight 
		(2007) presented an overview of the Draft of FAO/WB Initiative on 
		Compulsory Purchase and Compensation in the form of Land Tenure Studies 
		Series Guide to Compulsory Land Acquisition and Compensation. Some of 
		the issues raised included valuation and compensation in complex 
		situations such as partial rights, religious sites, extended families, 
		customary land and informal rights. Policy and implementation issues 
		surrounding resettlement as a form of compensation were discussed along 
		with the need for individual countries to draft their own resettlement 
		laws that promote fairness, equity, and justice. Keith (2007) discussed 
		some of the critical issues in compensation valuation and the need for 
		an international code. A six point check list for compensation was 
		outlined to include the following - who can claim; compensation for land 
		taken; compensation for other losses; decrease in value for other land 
		held; increase in value of other land held; and prompt payment. Late 
		payment of compensation re-presents a situation for claims about 
		inadequacy of compensation.  
		9. SPECIAL CASES WITH INFRASTRUCTURE 
		There were five papers in this category which addressed different 
		issues connected somewhat with compulsory acquisition and compensation. 
		Orni (2007) discussed compulsory acquisition for tunnels in Israel and 
		Sturgeon (2007) presented an investigation into the impacts of 
		compulsory acquisition of subterranean property interest for transport 
		infrastructure projects in Australia and its effect on property values. 
		Graham (2007) presented problems to legalise an existing road over Maori 
		land in New Zealand where external factors affected negotiations and 
		made the municipality were not willing to use compulsory acquisition. 
		Korhonen (2007) examined whether land expropriation supports innovative 
		procurement in road projects in and concludes that it does support 
		innovative procurement practices in road projects.  
		Kotilainen (2007) analysed the role of different actors in conflict 
		management in highway and railway projects in Finland based on recent 
		legislative and procedural reforms. The presentation recommends the 
		application of conflict resolution and management theories as an 
		analysis tool. It addresses the issue of inequality introduced into the 
		process where the informing regulations vary between the local 
		inhabitants and those living elsewhere and as such all property owners 
		are not put in an equal position. Another issue of increasing inequality 
		relates to an agreement-based land acquisition in which the authorities 
		use their unilateral discretion. The presentation concludes that, 
		conflict theories adapted to Finnish circumstances may be an approach 
		that is applicable for analysing the actions, the actors and the roles 
		of the actors in route projects.  
		10. FINDINGS 
		During the seminar there were also three workshops and a final panel 
		discussion. In this chapter the discussions are reviewed based on the 
		notes of the writers and the presentations above. Concerning the 
		procedure of expropriation it can be observed that, from the perspective 
		of the acquiring authorities there is a need for a speedy timeframe, low 
		costs process for compensation, avoidance of external costs of 
		expropriation, and: there should be sufficient resources for 
		expropriation. On the other side, from the perspective of affected 
		occupants, users, owners there is the need for transparency and 
		information, avoidance of expropriation (generally - it has to be 
		absolutely necessary), a proper planning and negotiation process and a 
		fair compensation. Those issues are also relevant for foreign investors. 
		Further the interests of women/men, landlords/tenants, formal/informal 
		and indigenous and customary have to be recognised; resettlement can be 
		an option in certain situations, if possible to be combined with rights 
		to return.  
		Technical expertise is required and decent salaries are important to 
		avoid undesirable situations when professionals are concerned. All these 
		can be supported by: provision of technical expertise, development of 
		guidelines on particular issues, expropriation-related land tools: e.g. 
		better planning processes, compensation, enumeration, conflict 
		resolution. There is also the need for the provision of more resources 
		for acquisition, availability of sufficient professionals, advocacy 
		support, legal support, international and national complaint mechanisms, 
		while training also remains a key issue.  
		When assessments and compensation come into the process there is a 
		need for uniformity based on (international) standards. Transparency, 
		equity and free public access to property sales information are a basis 
		for success and should be considered to increase the amount for 
		compensation well above any form of market value to achieve a quick 
		acquisition process and to avoid wasting time and money on lengthy 
		negotiations, the state should even have a limited time to agree on the 
		quantum if compensation - if the state cannot agree on compensation in 
		that time frame the state should loose the right to acquire the land. 
		When standardisation comes in it will be necessary to provide a single 
		definition for the term of value - which countries can amend for their 
		purposes as appropriate.  
		Where the co-operation FIG/FAO is concerned ´best practices´ should 
		be analysed to understand the valuation and compensation processes. It 
		was also suggested at the seminar that there is the need to establish an 
		international committee of experts to advise countries with specific 
		problems. Guidelines should be on the necessary skills and support 
		organisations to develop skills and capacity as well as relevant 
		standards for compensation, assessment definition and procedures. The 
		need for an authorising or licensing system for specialist valuers and 
		other experts was discussed as well as the creation of independent and 
		liable professional bodies to inform all parties. Mediation works well 
		in practise, appeals could be skipped. Landowners should have a choice 
		between resettlement and financial compensation and nominal values 
		should be used in that situation.  
		Valuation as a process lends itself to criticism, as there is no 
		universal answer to the question of value. Issues bordering on the 
		purpose-of-valuation, value-to-whom, statutory requirements and valuers 
		subjective judgment are key issues that significantly affect the final 
		estimate of value and cannot be ignored. What is valued is a bundle of 
		legal rights and it is important that valuers have a clear understanding 
		of titular rights and obligations. Any existing legislation that affects 
		the ownership and use of land and buildings is part of the tools with 
		which a valuer must be armed to do an exhaustive valuation. The 
		statutory prescription of valuation methods for compulsory purchase or 
		acquisition in most countries introduces additional complications into 
		the valuation puzzle. What is allowed for by statute and what obtains in 
		practice can be quite different. Valuation is concerned with an interest 
		in land, commonly freehold, leasehold and sub leases, and it is very 
		important for the valuer to establish right from the onset, what sort of 
		interest he is required to value. The issue of land tenure is also of 
		considerable importance where valuation is concerned since valuation is 
		an assessment of the worth of rights existing in or over a property. 
		Many countries have some form of freehold (fee simple) title but there 
		may be variations in the bundle of rights that can be conveyed, and 
		hence, differences in what may be assessed as a transferable right for 
		valuation purposes.  
		Part of our findings is that valuation for compensation in most 
		countries is controlled by government through multiple enactments. In 
		others, it is prescribed for eminent domain valuations and sometimes for 
		market valuations. The key concerns have to do with the following issues 
		which are common to the process irrespective of country of origin 
		namely: 
		 
		1. Purpose of Acquisition 
		2. Basis of valuation 
		3. Methods of valuation 
		4. Heads of Claim 
		5. Definition and interpretation of terms used  
		11. CONCLUSIONS 
		The findings from the seminar reveal that the systems, procedures and 
		practices in compulsory purchase vary a lot between countries. It seems 
		according to this sample that there exists in every country a system for 
		compulsory purchase although there is much resistance for using the tool 
		and in many countries the situations are handled mainly through 
		negotiations. However, it seems that there are also situations when 
		compulsory purchase seems to be the only way to solve some problematic 
		situations in land use. On the other hand, in some countries the tool is 
		used more regularly as an effective tool for land acquisition, and it 
		seems that the use of the tool can be also well accepted. The most 
		problematic aspect in the use of compulsory purchase seems to connect to 
		compensations; it is really a difficult matter with a lot of 
		uncertainties. In addition there are no international standards dealing 
		with assessment of compensations nor associations or conferences 
		dedicated to discuss problems in compulsory purchase and compensations. 
		There are of course good experts in every country specialised to the 
		system in the particular country but even those countries there are not 
		normally much discussion about these matters. It seems that the experts 
		in this field has been left alone with there procedures and worries. And 
		without discussion the systems are not developing at least effectively 
		into the same global direction. Clearly there is a need for new 
		openings. At least a few potential options seem to be available: 
		international standards or recommendations for good practices, research, 
		education, exchange and dissemination of knowledge and know-how, and 
		external country reviews.  
		Current research recognizes the need for international standards and 
		codes of practice to be developed but there are indications which 
		suggest that the development of such international standards is likely 
		to face many challenges. Although the statutory nature of this aspect of 
		valuation practice introduces some additional constraints to the 
		development of global standards, such standards, if developed, could 
		serve as a land tool for accountability in national compulsory purchase 
		and compensation processes. It should therefore be preceded by a 
		comprehensive assessment of existing global processes and systems to 
		discover their commonalities, similarities and differences, and this 
		could be used as a basis on which to then explore the feasibility of 
		international standards. However, international recommendations for good 
		practices in compulsory purchase would be a good starting point because 
		they can be established without bigger research projects. Here FIG 
		together with FAO could act as the main force in preparation 
		recommendations and disseminating the information.  
		In any case, there is a growing need for intensive research on this 
		subject. A suggested research methodology will consist largely of 
		document reviews of enabling statutes, policy frameworks and 
		professional practice codes of in selected countries within the United 
		Nation states. The main parameters for consideration within the enabling 
		legal framework will be their respective combinations of different parts 
		of the process listed above. Classification of the samples and selection 
		criteria should be based on developed, emerging and developing country 
		profiles, and the presence or absence of properly developed professional 
		institutions and guidelines. Socio-cultural patterns in different 
		countries will also be considered. The proposed output from the research 
		is a comprehensive and global account (or catalogue) of different 
		statutory processes, systems, terms, procedures and methods currently 
		existing and in use by professionals in valuation for compensation. Such 
		a comprehensive account will show the differences, similarities and 
		commonalities and should provide a clearer picture of the likely 
		challenges this would impose in the development of international 
		standards and codes of practice, and form a good basis for education and 
		exchange of knowledge and know-how.  
		Research results and information by itself might give too little 
		incentive for countries to be interested to analyse and if needed to 
		change there systems in compulsory purchase. A good tool here could be 
		external evaluation of the systems in a country. An expert group from 
		foreign countries could analyse the systems in a country and write a 
		review with recommendation for needs for changes. These reviews could 
		help authorities and politicians to adapt the common practices and 
		rules, enhance thinking of problems in compulsory purchase and 
		compensations, and add acceptance of uniform and transparent ways to 
		act. It should be think over if e.g. FIG could create a practice for 
		reciprocal country reviews.  
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			- Źróbek, S. and Źróbek R. (2007) An Assessment and Proposed 
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		CONTACTS 
		Prof. Kauko Viitanen 
		Helsinki University of Technology 
		Department of Surveying 
		P.O. Box 1200 
		FIN-02015 TKK,  
		FINLAND 
		Tel. + 358 9 451 3870 
		Fax + 358 9 465 077 
		E-mail: kauko.viitanen@tkk.fi  
		Mrs Iyenemi Ibimina Kakulu 
		Department of Real Estate and Planning 
		University of Reading 
		Reading RG6 6AW 
		UNITED KINGDOM 
		Tel. + 44 7766593660 
		Email:ibkakulu@hotmail.com  
		
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