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Compulsory Purchase by country

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Charlotte Ryberg
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Founded: Mar 14, 2007
Civil Rights Lovefest

Compulsory Purchase by country

Postby Charlotte Ryberg » Fri Jul 15, 2011 9:12 am

What is your country's policy on compulsory purchase or eminent domain?

In Minoa, the related term compulsory purchase is used. The landowner is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved or the money offered is unscrupulous, the value of the taken land is determined by the Lands Tribunal, a court consisting of one barrister and two chartered surveyors.

The operative law is a patchwork of statutes and case law. Acts which mainly deal with compulsory purchase are as follows:
  • Charter of Minoa section 36 - The right to property;
  • Charter of Minoa section 36.1 - Recommendations on compulsory purchase;
  • Charter of Minoa section 90 - General Plan for Reconstruction of Minoa;
  • Economic Reconstruction Act 2024
  • Compulsory Purchase and Compensation Act 2025
  • Land Compensation Act 2025
  • Government Property (Greece et. al.) Act 2025 (dealing with property formerly owned by the governments during the Partition of Greece)
  • Town and Country Planning Act 2026
  • Transport Land Act 2026 (this was passed because at the time a lot of motorways and railways were being planned at the time, and later built)
  • Government Property (Minoa) Act 2027 (dealing with property owned by the Government of Minoa)
  • Welfare Act 2028 (which has a clause that says that compensation must not be orchestrated to force the land owner into poverty)
  • Land Acquisition Act 2040

I hope to use the survey results to make an Eminent domain article in NSWiki.
Last edited by Charlotte Ryberg on Tue Jul 19, 2011 3:11 pm, edited 1 time in total.

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Zeppy
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Founded: Oct 30, 2008
Ex-Nation

Postby Zeppy » Fri Jul 15, 2011 9:30 am

Fourth Amendment of the Federal Constitution of Zeppy wrote:...nor shall private property be taken for public use without just compensation.


The Federal Constitution of Zeppy regulates expropriation and many case from the Supreme Court of Zeppy, such as Kelso v. Municipality of the City of Valencia found that public authorities have the right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government bodies and a "Declaration of Public Benefit" must find that the proposed project or expropriation has public benefits.
Last edited by Zeppy on Fri Jul 15, 2011 9:31 am, edited 1 time in total.

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Zwangzug
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Founded: Oct 19, 2006
Left-wing Utopia

Postby Zwangzug » Fri Jul 15, 2011 10:02 am

"Eminent domain" (as it is known in Zwangzug) is limited to the construction of public utilities. (OOC: Option 3 in issue 216.) Destroying the country's sporting headquarters to make way for a new train station was perhaps its most controversial use.
Last edited by Zwangzug on Fri Jul 15, 2011 10:03 am, edited 1 time in total.
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Maraque
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Postby Maraque » Fri Jul 15, 2011 11:13 am

The state has absolutely no authority to forcibly remove ownership from anyone for any reason. The owner(s) of such lands may choose on their own accord to sell said property to the government should they request to acquire the lands, but under no circumstances can they simply remove said ownership because they feel like it.


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