Payment Of Adequate Compensation For Land Acquisition In Malaysia
However adequate compensation is not defined in the statute.
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. This research reviews the concept of adequate compensation in land acquisition. Xiv list of short forms.
However adequate compensation is not defined in the statute. Historically the courts seem to have succumbed to the pretense that the adequacy requirement may be achieved by giving sufficient monetary rewards in exchange. Land acquisition involves the compulsory taking of land often against the will of the landowners. The law in malaysia requires the state to pay compensation adequately.
Article in pacific rim property research journal march 2015 doi. Jpph malaysia advises the land administrator on compensation. Some of the authors of this publication are also working on these related projects. Reads 7 2 authors.
Needs of compensation payment 10 2 1 introduction 10 2 2 land acquisition act 1960. The land administrator prepares written award in form g. 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.
Land acquisition involves the compulsory taking of land often against the will of the landowners. The law in malaysia requires the state to pay compensation adequately. Gazette notification under section 8 of the land acquisition act 1960 as amended to declare that land is to be acquired. 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.
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. Property services malaysia of lots affected with the land acquisition 103. The law in malaysia requires the state to pay compensation adequately. 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.
However adequate compensation is not defined in the statute.