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The Simple Economics of Land Reform

The Simple Economics of Land Reform
Author: Scott McNeil Eddie
Publisher:
Total Pages: 19
Release: 1971
Genre: Income distribution
ISBN:

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Silence is Golden

Silence is Golden
Author: Elmien Wilhelmina J. du Plessis
Publisher:
Total Pages: 34
Release: 2015
Genre:
ISBN:

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The government set the target for redistribution of land to 30% by 2014. They have adopted the "willing-buyer-willing-seller" model that relies on a voluntary transaction between farmers and government to acquire such land. Frustrated at the slow pace of land reform, the ruling party is starting to indicate that the state will in future rely on its expropriation powers to acquire such land.Section 25 of the Constitution makes it clear that when the state expropriates property, compensation must be paid. The current act, the 1975 Expropriation Act, determines that such compensation must be market value, while the Constitution lists market value as only one of at least five factors that must be taken into account when determining compensation.There have been various attempts at drafting legislation that will bring compensation practices in line with the Constitution, with the latest Bill published in March 2013. This article focusses on the Green Paper that preceded the Bill, and argues that not much direction is given on how compensation for expropriation should be calculated.


The Public Purpose Requirement in the Calculation of Just and Equitable Compensation

The Public Purpose Requirement in the Calculation of Just and Equitable Compensation
Author: Elmien Wilhelmina J. du Plessis
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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This chapter, chapter 14, deals with the possible impact of the public purpose factor in determining compensation for expropriation, where land is expropriated for land reform purposes. The argument is that the constitutional commitment to land reform motivates an expectation on an owner to accept a lower price than where property in expropriated for non-land reform public purposes.


Expropriation in the Americas

Expropriation in the Americas
Author: Andreas F. Lowenfeld
Publisher: Dunellen Publishing Company
Total Pages: 346
Release: 1971
Genre: Law
ISBN:

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The Agrarian Dispute

The Agrarian Dispute
Author: John Dwyer
Publisher: Duke University Press
Total Pages: 404
Release: 2008-09-12
Genre: History
ISBN: 0822388944

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In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lázaro Cárdenas’s land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms “the agrarian dispute,” ensued between the two countries. Dwyer’s nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico’s nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt’s Good Neighbor policy by showing that the earlier conflict over land was the watershed event. Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cárdenas’s agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cárdenas’s rural policies, the Roosevelt administration’s reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict.


The Compulsory Acquisition of Rights

The Compulsory Acquisition of Rights
Author: Michael D. Southwood
Publisher: Juta and Company Ltd
Total Pages: 482
Release: 2000
Genre: Law
ISBN: 9780702153716

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The law of Expropriation has been changed by the Constitution in important respects, including the circumstances in which Expropriation may be used for land reform, and the measure of compensation. It will feature prominently in South Africa's land reform programme.


Resolving Land Disputes in East Asia

Resolving Land Disputes in East Asia
Author: Hualing Fu
Publisher: Cambridge University Press
Total Pages: 465
Release: 2014-07-03
Genre: Business & Economics
ISBN: 1107066824

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Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.


Land Matters

Land Matters
Author: Tembeka Ngcukaitobi
Publisher: Penguin Random House South Africa
Total Pages: 328
Release: 2021-04-01
Genre: Political Science
ISBN: 1776095979

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Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.