Past and present : an analysis of expropriation compensation criteria

Abstract

The notion of expropriation, which concerns the taking of one’s private land for a public purpose, has always been linked with the landowners’ right to be duly compensated. It is for this reason that the right to equitable and suitable compensation is at the core of this study. To that end, this paper is based upon a solid comparative analysis between the old Land Acquisition (Public Purposes) Ordinance, with the newly-enacted Government Lands Act which came into force on the 25th April 2017. Moreover, an evaluation of jurisprudence emerging from the Maltese Courts, as well as from the European Court of Human Rights is also pivotal. In fact, the author carefully selects some areas of focus in order to showcase the desired aims to their fullest extent. Such aims consist of the establishment of the past legal framework, with a subsequent scrutiny of the enacted changes, why they were needed, and what they intend to achieve. In so doing, the author commences with an analysis of the modes of land acquisition, as well as of the market value criterion as one of the crucial criteria utilised in the determination of compensation. Additionally, further criteria under two new remedies found in Articles 64 and 65 of the Government Lands Act are assessed, and their purposeful enactment for the consolidation of the landowners’ right to just compensation is explored. Ultimately, this paper encapsulates all the findings of its previous sections and illustrates that on the basis of such, this legislative intervention is on the right track. As a matter of fact, whilst the practical effects of Chapter 573 are still at their earliest stages, this legislation seems to reach its objectives in presenting a better opportunity for landowners to acquire their right to fair and adequate compensation.