This study is about legal challenges for compensating properties which are only partially acquired during compulsory land acquisition in Tanzania. The research was prompted by the existence of a universal complaint on unfair and inadequate compensation especially for partial property acquisitions. The study objectives were to explore the existing legal gaps on the laws that governs partial property acquisition and compensation and to gauge whether the current regulatory framework guarantees fair and adequate compensation for partially acquired properties. The research adopts a combination of doctrinal and empirical legal scholarship approaches. It employs a case study design where by two projects are selected as cases. Data is analyzed using interpretation and legal reasoning, and thematic analysis.  The study found that, there are a number of gaps in the legislation governing compulsory land acquisition. The gaps are: sensitization meetings are not defined (qualified) at all in the legislation, unregulated timing of the sensitization meetings, lack of clarity on notice to acquire land, improper bases and methods used to assess compensation, total absence of the definition of word compensation, lack of fairness of the acquisition process and compensation, and infringement of tenants’ rights.   The study recommends either amendment of the existing principal legislation governing compulsory land acquisition so as to address pertinent issues of partial property acquisition; or making guidelines to specifically guide partial property acquisition.


Key words: partial property acquisition, compulsory land acquisition, compensation, fairness and sensitization, project affected persons.

Donald Masunga