Examining Compulsory Acquisition and Compensation in Kano Municipal

Mashkur Abba Isah 69 PAGES (17060 WORDS) Project
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ABSTRACT

The current method of compensation adopted by government has been criticized by many scholars and claimants. Scholars held a view that the compensation paid to the claimants is much inadequate. The claimants on the other hand do sometimes claim that the compensation paid to them does not restore them back to the state they were before the acquisition, the compensation is not paid to them on due time and the quit notice given to them is sometimes inadequate. This research examines the adequacy and promptness of compensation paid to the affected land owners in Kano Municipal for the construction of River Jakara road in Kano state, assesses the current method of valuation dictated by the enabling law to be used in determining the compensation payable to dispossessed owners which is Depreciated Replacement Cost (DRC) approach and recommends the best method to be used by government for compensating the affected land owners when their properties are acquired compulsorily for the purpose of providing infrastructure for the benefit of public. Data were collected using close-ended questionnaire administered to the claimants and analyzed using frequency distribution tables and charts. The research discovered among other findings that the compensation paid to the claimants is adequate but the quit notice given to the claimants is inadequate, thus, government needs to be given adequate quit notice to the claimants.

TABLE OF CONTENTS


DECLARATION I

CERTIFICATION II

APPROVAL III

ACKNOWLEDGMENT IV

DEDICATION V

LIST OF FIGURES VI

LIST OF TABLES VII

TABLE OF CONTENTS VIII

ABSTRACT XI

CHAPTER ONE

INTRODUCTION 1

1.1 BACKGROUND OF THE STUDY 1

1.2 STATEMENT OF PROBLEM 3

1.3 RESEARCH QUESTIONS 3

1.4 AIMS 4

1.5 OBJECTIVES OF THE STUDY 4

1.6 JUSTIFICATION OF THE STUDY 4

1.7 SCOPE OF THE STUDY 5

1.8 DESCRIPTION OF THE STUDY AREA AND LOCATIONAL MAP 5

CHAPTER TWO

LITERATURE REVIEW 7

2.1 LAND 7

2.2 LAND TENURE SYSTEM 8

2.3 LAND USE ACT OF 1978 9

2.4 COMPULSORY ACQUISITION 12

2.5 COMPENSATION 13

2.6 PURPOSE OF COMPULSORY ACQUISITION AND COMPENSATION 16

2.7 PROCESS OF COMPULSORY ACQUISITION AND COMPENSATION 17

2.8 BRIEFLY COMPENSATION POLICY AT INCEPTION PRIOR TO PROMULGATION OF LAND USE ACT (1978) 18

2.9 GLOBAL PRACTICES ON VALUATION FOR COMPENSATION 19

2.10 METHOD OF CALCULATING COMPENSATION IN NIGERA UNDER LAND USE ACT (1978) 21

2.11 FACTORS THAT INFLUNCE ADEQUACY OF COMPENSATION 23

2.12 FACTORS THAT LEAD TO INADEQUACY OF COMPENSATION 24

2.13 KNOWLEDGE GAP 25

CHAPTER THREE

RESEARCH METHODOLOGY 27

3.1 INTRODUCTION 27

3.2 RESEARCH DESIGN 27

3.3 TARGET POPULATION 27

3.4 STUDY POPULATION 27

3.5 SAMPLING FRAME 27

3.6 SAMPLING SIZE 28

3.7 SAMPLING TECHNIQUE 28

3.8 INSTRUMENT FOR DATA COLLECTION 28

3.9 METHOD OF ANALYZING THE DATA 28

3.10 GRADING PARAMETERS 29

CHAPTER FOUR

DATA PRESENTATION AND ANALYSIS 30

4.1 INTRODUCTION 30

4.2 DISTRIBUTION OF QUESTIONNAIRES 30

4.3.1 Gender of the Respondents 31

4.3.2 Level of Education of the Respondents 31

4.3.3 Occupational Status 32

4.3.4 Where You Affected by the Compulsory Acquisition and Compensation? 32

4.3.5 Were You Served Any Notice Before the Acquisition? 33

4.3.6 How Was the Notice For Acquisition Served? 33

4.3.7 Was All Acquired Land Used For Public Purpose? 33

4.3.8 Do You Know the Method Used by Government to Determine the Compensation? 33

4.3.9 What Do You Think Was Assessed In the Process of Acquisition? 34

4.3.10 How Are You Compensated? 34

4.3.11 Which Method of Compensation Do You Consider Suitable From the Above Options? 35

4.3.12 How Long Did It Take Before Compensation? 35

4.3.13 Were You Paid Any Interest for Delayed Payment? 36

4.3.14 Did the Compensation Paid to You Put You Back to the State You Were Before the Compulsory Acquisition? 36

4.3.15 What Do You Think About the Method of Compulsory Acquisition And Compensation? 37

4.3.16 What Should Be Reviewed? 37

4.3.17 How Satisfied Are You About the Compensation Paid to You? 38

4.4 DISCUSISION OF FINDINGS 39

CHAPTER FIVE

CONCLUSION AND RECOMMENDATION 41

5.1 SUMMARY OF FINDINGS 41

5.2 CONCLUSION 42

5.3 RECOMMENDATION 42

REFERENCES 43

APPENDIX I

QUESTIONNAIRE 47

APPENDIX II

PICTURES OF THE AFFECTED AREA 50

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APA

Mashkur, A (2020). Examining Compulsory Acquisition and Compensation in Kano Municipal. Afribary.com: Retrieved October 31, 2020, from https://afribary.com/works/examining-compulsory-acquisition-and-compensation

MLA 8th

Abba Isah, Mashkur. "Examining Compulsory Acquisition and Compensation in Kano Municipal" Afribary.com. Afribary.com, 28 Sep. 2020, https://afribary.com/works/examining-compulsory-acquisition-and-compensation . Accessed 31 Oct. 2020.

MLA7

Abba Isah, Mashkur. "Examining Compulsory Acquisition and Compensation in Kano Municipal". Afribary.com, Afribary.com, 28 Sep. 2020. Web. 31 Oct. 2020. < https://afribary.com/works/examining-compulsory-acquisition-and-compensation >.

Chicago

Abba Isah, Mashkur. "Examining Compulsory Acquisition and Compensation in Kano Municipal" Afribary.com (2020). Accessed October 31, 2020. https://afribary.com/works/examining-compulsory-acquisition-and-compensation