Land Grabbing as an Internationally Wrongful Act: A Legal Roadmap for Ending Land Grabbing and Housing, Land and Property Rights Abuses, Crimes and Impunity in Myanmar
Publisher: Displacement Solutions
Date: 2019
Topics: Governance, Land
Countries: Myanmar
Although the general power of States to compulsorily acquire, expropriate or otherwise confiscate or ‘grab’ land, homes and properties is legislatively recognised in virtually all national legal systems, to be lawful these processes generally carry with them five fundamental pre-conditions. Namely, when housing, land or property rights are revoked or limited through these processes, this can only be carried out when the taking concerned is: 1) subject to law and due process; 2) subject to the general principles of international law; 3) in the interest of society and not for the benefit of another private party; 4) proportionate, reasonable and subject to a fair balance test between the cost and the aim sought; and 5) subject to the provision of just and satisfactory compensation.