NOTES LAND LAW

this small booklet guides on what do to to obtain access to land title in kenya; your rights and obligations as a land owner; methods of resolving disputes related to land; and institutions managing land in kenya.The booklet is set to serve as a source of information for the citizenry on procedures and processes of land administration in kenya.

Land conflicts are rampant phenomena in Tanzania and the world at large. This emanates from the fact that while land coverage is fixed; human beings and anthropogenic undertakings, amidst the changing ecosystem, continuously proliferate on the Earth's surface instigating scarcity and subsequent disputes. In tandem, the prerogative of eminent domain to expropriate land for public interest has often been vexed by resistance and retaliatory stifles from the subject evictees. Regardless, the practice is still being perceived as indispensable in enabling the state to provide public goods and services and create development opportunities. Contemporary, this has also been exacerbated by the " rush " for large-scale land based investments particularly in Sub-Saharan Africa frontier. Significant number of studies and evictees has persistently criticized the mechanism to which the process is executed while raising many un-answered questions. This piece of work is an attempt to delve into the realities of the practice in Tanzania, so as to discern and accentuate the genesis for land appropriation conflicts and potential remedies. The writer applied the content analysis method of research buttressed by personal experience in the field of valuation for compulsory purchase of property. Substantial amount of relevant newspapers were insightfully reviewed in order to unfold the multiple realities surrounding the issue at hand. Hence, it merits asserting that the bulk of this work is basically technical and academic focused rather than discursive. The writer lays a succinct conclusion that despite the shortcomings precipitated by divergent factors, a participatory and fit-for-purpose holistic approach, focusing on the specificity of the scenario at hand and availing alternative compensation schemes could be a sustainable panacea for the enigma.

Objections to assessed compensation for expropriated land in Tanzania have been on increase irrespective of the changed ideologies of the country. The basis of valuation assessment as provided in the laws governing land acquisition is 'market value' while the local valuation practice has had limited use of the basis in compensation and resettlement assignments. With a large number of investment projects being funded by donors, a new dictate on the basis of valuation for compensation and resulting relocation has been introduced often disguising the respective national laws as being not protective enough for the loss of livelihood of the affected persons. Safeguards requirements mainly Resettlement Policy Framework (RFP) and Environmental and Social Management Frameworks (ESMF) by global financial organizations such as the World Bank, the Africa Development Bank and a number of bilateral aid/grant organizations have further complicated a rather delicate valuation practice opening up what appears grey areas that local experts have no hands-on experience on one hand and, on the other due to the burgeoning financial benefits from consultancy fees payable, a large number of opportunistic and often irrelevant disciplines have taken up the challenge and masqueraded as the requisite professional advisers in this area.. This paper is an attempt to review the current compensation assessment practice in Tanzania reflecting on the several interventions by government and donors such as the World Bank with a view of establishing best course of action to take when compelled to acquire occupied land. It is an intrigue on the rhetoric market value as glorified in the local practice and its surrogate 'replacement value' as a concept found in the World Bank nomenclature that is perceived as the panacea for the compensation problem. On the other hand it is an attempt to evaluate the extent to which Tanzania law provisions that demand full, fair, and prompt compensation in a compulsory purchase scheme are being complied by those acquiring land for various projects in Tanzania.

forumsec.org.fj

The thesis examines the law of mortgages in Tanzania following the enactment of new land laws, in particular the Land Act 1999. In the study, we examine the statutory regime introduced by the Land Act focusing on, among others, what the Act sought to address, its weakness and achievement.