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Assessing compensation for customary property rights in Malawi: the case of Mombera University project

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  • Kabanga, Lucky
  • Mooya, M. M

Abstract

Provision of public infrastructure and services in various sectors such as agriculture, mining, transport, education, rural development, and health, among others, requires a lot of land, which government usually expropriates as it may not have the appropriate land, or available in limited quantities, or in appropriate locations. Compensation is normally required to cover expropriatory losses occasioned to expropriated people. This paper aims to deepen our understanding of the applicability of market value as a basis for valuing customary property rights for compensation purposes during expropriation. By using the case of Mombera University Project, this paper analyses how compensation is assessed for customary property rights that are dominant in Malawi. The paper demonstrates that practically compensation for expropriating customary properties is generally inappropriate because market value, as a compensation valuation basis, and the methods used for its determination, are ill-equipped for customary properties. In this regard, the paper argues that prevailing assessment practices lead to inappropriate compensation for customary property rights.

Suggested Citation

  • Kabanga, Lucky & Mooya, M. M, 2017. "Assessing compensation for customary property rights in Malawi: the case of Mombera University project," African Journal of Rural Development (AFJRD), AFrican Journal of Rural Development (AFJRD), vol. 2(4), December.
    • Handle: RePEc:ags:afjrde:280029
    DOI: 10.22004/ag.econ.280029
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    References listed on IDEAS

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    1. Eggertsson, Thrainn, 1990. "The role of transaction costs and property rights in economic analysis," European Economic Review, Elsevier, vol. 34(2-3), pages 450-457, May.
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    3. Lorenzo Cotula & Sonja Vermeulen, 2011. "Contexts and Procedures for Farmland Acquisitions in Africa: What outcomes for local people?," Development, Palgrave Macmillan;Society for International Deveopment, vol. 54(1), pages 40-48, March.
    4. Wallace Kaufman, 2010. "How Fair is Market Value? An Appraiser’s Report of Temptations, Deficiencies, and Distortions in the Condemnation Process," Palgrave Macmillan Books, in: Bruce L. Benson (ed.), Property Rights, chapter 5, pages 77-87, Palgrave Macmillan.
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    Cited by:

    1. Nampala, Micheal Paul, 2017. "Enhancing human resources and organizational capacity of higher education institutions to catalyze innovations in agriculture and rural development," African Journal of Rural Development (AFJRD), AFrican Journal of Rural Development (AFJRD), vol. 2(4), December.

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