Criteria for expropriation compensation revisited : an assessment in the light of recent developments

Abstract

Payment of compensation is common to all States governed by the rule of law. It is this same payment of compensation which distinguishes expropriation from confiscation. However, this requirement has also given rise to great legal battles. Therefore, over the years it has achieved great practical importance and has become more attractive to academics. Ultimately, what compensation is depends much on the wording of the relative laws and also on the interpretation given to it by the judicial organs. Therefore, in this thesis, the writer has embarked on a thorough examination of the compensation criteria enshrined in the Land Acquisition (Public Purposes) Ordinance. This was done in the light of the standards established by the European Court on Human Rights in its interpretation of the relevant Articles of the European Convention on Human Rights and Fundamental Freedoms. The recent amendments brought about by Act I and III of 2006 have also been examined and criticized. The aim is to determine whether the level of proportionality between the State's right to expropriate property for a public purpose/interest and the landowner's right to adequate and fair compensation within a reasonable time has been maintained.