Land Acquisition Act: Fair Compensation, and Transparency in Rehabilitation and Resettlement

The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which

The Extent of Success of the Land Registration Act 2002 Introduction Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.

● The landowner is allowed to receive “just compensation” for their property, meaning the landowner is paid for the taking of their real

• Aboriginal Cultural Heritage Act 2003 - provide effective recognition, protection and conservation of Aboriginal cultural heritage • Land Act 1994 - land administered under the Act to be managed for the benefit of the people of Queensland by having regard to seven principles including: sustainability, evaluation, development, community purpose, protection, consultation and administration

Law reform in relation to Native Title has developed and become testament to the growing justice for the ATSI community, however effective mean and complete justice is yet to be achieved. From the changing values and attitudes of society, alongside conditions of social change and new concepts of justice- ATSI justice is being implemented, with law reform. With seminal cases alike Mabo and Wik, legislation has been delegated and changed accordingly; with the recognition of Native title - finally succeeding in overturning the “terra nullius” doctrine, which for centuries has damaged and hurt the ATSI peoples. Despite this, with the Wik decision and largely the 10 point plan, it sought to pour "bucket-loads of extinguishment" upon Native Title

Here, the Court ruled no Indigenous land use agreement (ILUA) – a form of native title granting – existed, because presently standing ILUAs were found to be invalid should a member of the agreement be incapacitated or deceased . This recent decision affects legislation passed to protect native title claims under the Native Title Act 1993 Cth, with changes being made to the Act explained as to “resolve uncertainty created by [the McGlade decision] regarding area Indigenous Land Use Agreements”5. Effectively, the amendments indicate previously standing legislation protecting Indigenous land rights will be void, with the necessity of the having all agreement members sign the deed. The reality is, for many old and new native title claims, some Indigenous Peoples may have passed on and will not be able to complete the agreement to the required legal standard, rendering their claims invalid. With the Native Title Act 1993 Cth being amended to these new rulings, it becomes evident that in practice, supposed legislative protection of native title rights do not actually take

This decision left pastoralists unsure of their right to land, however the National Indigenous Working Group (NIWG) accepted that existing rights of pastoralists to operate and develop their leases without any need to negotiate with native title holders. This provides pastoralists with the ‘certainty’ that they had before the Wik decision. Recently, Indigenous land owners on May 23, 2011 had the Federal Court of Australia rule that over 26,000 square kilometres in Western Australia’s north Kimberley region was an indigenous protected area. This decision has allowed indigenous members of the community to progress forward and create benefits for themselves and their community. In making the decisions of such acts, many societal viewpoints would have been considered.

One of the key challenges facing the development of infra¬structure in India is the acquisition of land. Landowner¬ship confers tangible benefits such as shelter and liveli-hood, as well as intangible benefits such as security and a stand¬ing in society. Landowners are thus often reluctant to part with their land unless mutually acceptable terms including compensation are agreed upon. Problems arise when land is required for “pub¬lic purpose” and the state can invoke laws that allow for com¬pulsory acquisition through ‘eminent domain’ . Often, the land acquisition process is neither consultative nor transparent. Further, land-titles are unclear and identifying parties eligible for compensation is rendered difficult. Finally, the compensa¬tion, and resettlement and

Indigenous people have long been denied the entitlement of land rights by Australia. Law reform has been both effective as well as ineffective in achieving genuine access and control of land for the indigenous people. Law reform aims to reinforce and strengthen justice, through the process of first examining existing laws, and by then revoking, amending or creating the necessary changes to a law. This procedure is acted in accordance with judicial bodies, by the result of case law along with statutory law. The Native Title Act of 1993 was achieved through statutory reform. This act took place by cause of the High Courts settlement of the second Mabo case of 1992. Although law reform has not been exclusively effective, it has been relatively

Individual Property Rights vs Eminent Domain These days there have been many issues surrounding the topic of private property and eminent domain. I feel that eminent domain is a good way to keep the needs of the community and each person’s individual property rights balanced. Even though I believe individual property

Equitable This entitles the owner to have full ownership of the land for disposal without limitation of selling or gifting, and if the owner dies it will become part of their estate. Although this type of ownership is unrestricted there are also certain obligations that need to be followed including general neighbouring commitments such as not interfering with neighbouring allotments and not creating nuisance, the Crown Grant have all reserved rights in possessing the land, restrictions of the land in use may be effected by expressed terms stated in the contract such as a restrictive covenant and restrictions through future planning and legislations may subside.

Introduction: The Aboriginal Land Rights (Northern Territory) Act in 1976 established a basic on which to build upon for Aboriginal peoples, for the first time, they have the to right to claim land based on their traditional culture. The Aboriginal Land Rights (Northern Territory) Act was the first attempt by any

The issue of land rights has been a consistent issue for the Indigenous people of Australia. In the colonisation of Australia, the European settlers deemed the land terra nullius which is defined as ‘Land belonging to no one’, this was due to their inability to understand the how the Aboriginal people used the land and their spiritual connection to it. The myth of terra nullius was a common misconception throughout Australia’s early years and remained until the ‘Mabo vs Queensland’ trial occurred. This was the first step in recovering the land rights that were stricken from the Indigenous people as it acknowledged their ownership to the land prior to the colonisation in 1778. Although there have been many improvements regarding land rights

purpose, so it is not eligible to be transferred under ITA 85(1.1). If this land is either disposed at

The Land Registration Act (LRA) 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests (OI), which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. These interests often come in the form of other occupiers in the property with an equitable interest and, like in the case of Boland , this leaves the lender in a tight spot when they find out about the existence of these interests only after they have initiate proceedings for possession against the defaulting borrowers. Due to the other occupier’s concealed nature on the property register, the lenders have regained their footing by applying the concept of overreaching and ….. The Law Commission, on the other hand, contemplated abolishing these interest altogether but did not go to that extent because it was neither feasible nor desirable Instead, they shrank their impact on land by reforming the operation and scope of the OI. With LRA 2002 sch 3 para 2, lenders now have more control over what may bite them. …. This essay will access…. with a focus on how the lending world have dealt with the implications of Boland…. The best way to access the impact of … would be to go through the pre – post blabla to show how the thing has balanced.