Payment Of Adequate Compensation For Land Acquisition In Malaysia

Commencement of acquisition under the land acquisition act 1960.

Payment of adequate compensation for land acquisition in malaysia. Historically the courts seem to have succumbed to the pretense that the adequacy requirement may be achieved by giving sufficient monetary rewards in exchange. The law in malaysia requires the state to pay compensation adequately. Pacific rim property research journal. Xiv list of short forms.

The type of land whether freehold or leasehold and the express and implied conditions are relevant to the land acquisition process as the compensation awarded will depend on the character of the property acquired. Payment of adequate compensation for land acquisition in malaysia. The federal constitution guarantees citizens right to ownership of property. Compulsory land acquisition 18 06 2005 nst prop by salleh buang.

Land acquisition in malaysia can be divided into two main stages. This research reviews the concept of adequate compensation in land acquisition. However adequate compensation is not defined in the statute. 326 pacific rim property research journal vol 12 no 3 payment of adequate compensation for land acquisition in malaysia anuar alias and md nasir daud.

The law in malaysia requires the state to pay compensation adequately. Land acquisition involves the compulsory taking of land often against the will of the landowners. The notion of adequate compensation is conceived in the article 13 of malaysia federal constitution of 1957 but the attributes of adequate compensation is yet to be fulfilled by land acquisition. Issues other methods of valuation help in adequate compensation 2 could a review of head of claims help the cause of adequate compensation 3 payment of solatium premium as over and above the total compensation is necessary in malaysia 4 the decisions by court in land acquisition cases the principles with regards to compensation contribute to satisfaction in payment of adequate compensation.

Land acquisition involves the compulsory taking of land often against the will of the landowners. Private property states article 13 cannot be compulsorily acquired or used unless it is done in accordance with the law and the deprived owner is paid adequate compensation.