EXAMING THE IMPLEMENTATION OF LEGAL PRECONDITION OF EXPROPRIATION UNDER THE ETHIOPIAN LEGAL SYSTEM: THE CASE OF SNNPR GURAGHE ZONE GUBREYE T

Abstract

This study examines and analysis the expropriation laws and practice in Gubreye town. The objective of this research is to analysis and describes the legal procedure and preconditions in the implementation of land expropriation and its impacts on livelihood of the community in Gubreye town. The study is made in line with the laws which provide the basic land right and the nature, details of expropriation and legal procedures and preconditions in the action of expropriation and against the practical activities of expropriation. The basic argument made in this research is that even if theFDRE Constitution and other laws of the legal procedures and preconditions and payment of just compensation in the action of land expropriation, this right has not fully realized in terms of applicability. The reasons either the non-clarity of the laws or the problem of maladministration when they implement by public officials or authority. There are also other reasons which are related to the law or its practical applicability, such as valuation process which reduces the amount of the compensation. Following the implementation and legal precondition of the expropriation and payment of compensation are factors for securing property rightand hence sustainable development. To ensure the legal procedure and preconditions in the event of expropriation, a legal procedure is necessary to address and resolve the existing problems. Furthermore to harmonize the laws and practice is important toreduce the problem as to the application of the legal procedure and precondition intoday’s expropriation procedure in Gubreye town.