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What is the law in Ghana on this Subject- Land Appropriations
2009-10-13 16:49:14
Hello all, this is Serwaah Akoto. I am a second year law student from Ghana in the US. My goal is to, each week, discuss a US law and to pose questions to readers about what the corresponding law in Ghana is, and/or should be. You may email responses to bellad17@yahoo.com and your response will be posted.
This is to provoke discussions on how Ghanaian laws can be positively altered to best suit the needs of her citizenry. Please note that our comparison with US law does not in anyway mean that US law is better- in fact, we will find in many situations that the unique historical, geographical, cultural and socio-economic traits of Ghana makes adaptation of a US law impossible or unwise. My goal is simply to project a developed country's view on the subject and thereby promote a dialogue on what rule would work best for Ghana.
Land Appropriations/ Eminent Domain
In 2005, the US Supreme Court ruled in Kelo v. City of London that a state can transfer land from a private owner to a private developer if the private developer plans to use the land for a project that will provide "appreciable benefits to the community” and provided the state gives "just compensation" to the private owner.
In the Kelo case, the Court characterized the private owner’s location as a "depressed area" and that the private developer would bring "economic revitalization." The private developer was Pfizer Pharmaceutical, which sought, primarily, to build a research center. The court argued that Pfizer would bring economic revenue and jobs to the area.
What is the law in Ghana on eminent domain? How does Ghanaian law guad agaisnt eminent domain abuse? This is an especially important topic as the government drafts laws on oil exploration. Do you agree with Kelo v. New London? Should any area that the government characterizes as "economically depressed" be handed over to private developers once some tangible economic justification can be found? How would such a law promote politician-private developer corruption in Ghana? What would qualify as just compensation? What law would work for Ghana?
Hope to hear from you!
--
Akoto
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