Governments are generally responsible for providing Public facilities and infrastructures and use of eminent domain to dispossess individuals, families and communities of their rights/ interests in land/landed Properties and pay compensation to the dispossessed owners. The determination of compensable value for interest in land/landed properties is provided by the Acts, Decrees and other relevant statutory enactments guiding the process. The statute usually stipulates the basis, methods of assessment as well as the procedures, heads of claim and the roles of the parties. Compensation where paid, aims at placing the recipient in the position he/she was prior to the acquisition if it is equitable. This study adopts a case study approach and after reviewing some literatures, surveyed practicing Estate Surveyors and valuers and compensation claimants and finds that the present practice is inequitable and penalizes the recipients in favour of the acquiring authority. It is recommended that professional views on value should be considered and the process made more transparent if the process is to be equitable.
Prof. Dr. Bilal BİLGİN