The compulsory acquisition of land

LAND is the most important and sacred resource in the lives of the people of Papua New Guinea.
Land is not simply an asset which can be used for economic production or traded for cash; it is the basis of our existence and an essential part of our social, economic and political life.
Land represents a link between past, present and the future generations.
The process of the compulsory acquisition of land in PNG has given the State the prerogative to acquire any land for public purposes. This process restricts and strips the rights and interest of the landowner.
On the contrary, one may argue that it is a prerequisite for such a policy to exist in order for a developing nation like PNG to progress.
The Land Act gives the right to a person whose interest in a piece of land that has been deprived through compulsory acquisition to claim compensation against the State.
However, the question of relevance pertaining to compulsory acquisition is the principle of compensation on Just terms.
It is apparent that the wording of the Land Act is ambiguous in light of the notion of Just compensation on Just terms.
An amendment to the provisions of the Land Act is necessary to introduce a system of compulsory lease to replace the current system of compulsory acquisition. Such amendment would give confidence to the dispossessed owner that the Right and Interest over the land are not completely taken away, but only for a certain period of time.
The amendment would also put the government in an advantageous position to deal with future shortage of land.
The payment of compensation to the dispossessed owner should be over and above the market value of the land which has been compulsorily acquired to reflect the extra market values or non-economic values that Papua New Guineans often attaches to their land.

Collin Mark
Concerned Papua New Guinean