加纳政府强制征地与诉讼:基于Wa市三所教育机构的实证研究

I. K. Osumanu, P. Agyekum, Prosper Laari Bosommi
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引用次数: 0

摘要

本研究考察了加纳政府强制征用土地用于公共教育基础设施发展的情况,采用了上西部地区Wa市的三个案例研究。调查的策略是定性的,包括与收购当局和受益机构的负责人面谈关键的资料提供者,以及与收购前的土地所有者和定居者进行半结构化的面谈。调查结果显示,强制征用有关土地的程序已被推迟,不清楚这些程序何时完成。1962年《国家土地条例》(L.I. 230)及其随后的修正案规定了根据1962年《国家土地法》(Act 125)规定的国家收购土地的过程或程序,但这些程序没有得到适当遵守,导致了房东和政府机构之间的骚动和诉讼。该研究将强制征地的问题归结为征地机构未能遵循强制征地条例所规定的程序。委员会建议,土地所有人从一开始就应在取得过程中有代表,以确保法律规定的公平和迅速支付适当的赔偿,以减少政府机构和土地所有人之间的紧张关系和诉讼。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Compulsory land acquisition by government and litigations in Ghana: an empirical study of three educational institutions in Wa Municipality
This study examined government’s compulsory acquisitions of land for public educational infrastructure development in Ghana, using three case studies in Wa Municipality of Upper West Region. The strategy of inquiry was qualitative, involving key informant interviews with heads of the acquiring authorities and beneficiary institutions as well as semi-structured interviews with pre-acquiring owners and settlers of the lands. The findings revealed that the processes of compulsory acquisition of the subject lands had been delayed, and it is unclear when they would be completed. The processes were not properly followed as determined in the State Lands Regulations of 1962 (L.I. 230) and its subsequent amendments, which provide the processes or procedures for state acquisition of lands under the State Lands Act of 1962 (Act 125), leading to agitations and litigations between landlords and government institutions. The study attributes the problems of compulsory land acquisition to failure of acquiring institutions to follow procedures laid by regulations on compulsory acquisition. It recommends that landowners should be represented in the acquisition process from the onset to ensure fairness and prompt payment of adequate compensation as provided for by the law to reduce tension and litigations between government institutions and landlords.
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