Examination on the Laws Governing Compulsory Land Acquisition in Relation to Property Rights in Tanzania

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Melina Baitani
Published On: 15/11/2022
Volume: 8
Issue: 6
First Page: 53
Last Page: 72
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Cite this Article

Melina Baitani, Examination on the Laws Governing Compulsory Land Acquisition in Relation to Property Rights in Tanzania, Volume 8 Issue 6, Journal of Legal Studies & Research, 53-72, Published on 15/11/2022, Available at https://jlsr.thelawbrigade.com/article/examination-on-the-laws-governing-compulsory-land-acquisition-in-relation-to-property-rights-in-tanzania/

Abstract

This study is centered on examining the laws regulating compulsory land acquisition and right to property in Tanzania. The main focus is on the philosophical anomaly of compulsory land acquisition and to examine whether the laws are in line with the philosophy behind it. The notion of compulsory land acquisition particularly required the government to acquire private land for the benefit of the whole community. In Tanzania all land is public land wherever that right of occupancy was granted or deemed to have been granted or under customary tenure include the use of land from time to time.

President is the one who have an absolute title of all land as a trustee towards the citizens. laws and practices are totally different. In practice the government acquired private land to fulfil its development projects for public purpose while the laws strictly provide that all land in Tanzania is public land. Strictly speaking there is no private land in Tanzania. Thus the study analyses the ways forward on compulsory land acquisition in relation to property rights in Tanzania.

Keywords: Compulsory Land Acquisition, Property Rights, The philosophy behind Compulsory Land Acquisition, Private land, Public land

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