The laws of expropriation in a historical context

Abstract

This thesis treats the manner in which the institute of expropriation has evolved in the local legal sphere, ranging from its foundations laid down in the nineteenth century to the latest amendments. It does so against the historical context in which relevant legislative principles developed in an effort to strike a balance between the capitalization of this institute by the public authorities as a useful tool for the realization of projects for public utility and the responsibility of safeguarding the protection of private property. The first chapter commences by tracing the background against which the local legislation developed. The most important legislation in the area of local expropriation law was promulgated during the Colonial era, and it was recommendable that first a proper analysis of British law of compulsory purchase be conducted, as it served as a direct source of our own legislative enactment. The second chapter concerns local legislation in the form of Ordinances, beginning with Ordinance VII of 1868, continuing with Ordinance II of 1881 and then Act III of 1930. Chapter Three refers to the Land Acquisition (Public Purposes) Ordinance, which was the culmination of the previous legislation. Special treatment is thus given to this enactment. Chapter Four, amongst other things, examines the notion of public purpose in expropriation, and surveys the Building Development Areas Act, which thus brings us to post-Independence. This concluding chapter pinpoints the main developments which took place over the last years, and legislative proposals for future amendments are put forward.