ABSTRACT
This study aimed to assess the legal and institutional framework governing compulsory land acquisition and compensation in Tanzania. Despite the Constitutional and legislative guarantee to fair and adequate compensation during compulsory land acquisition, there are dissatisfactions among the Project Affected Persons, which suggests that the existing legal and institutional framework is not effective. Therefore, this study critically analysed the current laws governing compulsory land acquisition and compensation in Tanzania and noted the gaps which need to be amended in order to have an effective legal and institutional framework to govern land acquisition and compensation in Tanzania. The study employed a doctrinal legal research method complemented by a comparative legal research method to assess the legal and institutional framework governing compulsory land acquisition and compensation in Tanzania. Observations made in this study show that the current legal and institutional framework neither provides for a transparent procedure for compulsory land acquisition nor provides for enough compensable items which will lead to fair and adequate compensation. It neglects the rights of third parties, particularly the mortgagee and tenants in compensation during compulsory land acquisition despite having a legal interest in land. This jeopardises their rights to compensation when their interest in land is affected through compulsory land acquisition. There is also ambiguity in defining public purpose and public interest in compulsory land acquisition. The study also reveals that there have been misuse of the power to compulsory acquisition, whereby case laws proved that some compulsory land acquisition was not for a public purpose as determined by the law. The study recommends that the government should amend some of the land laws and the constitution to ensure effective compulsory land acquisition and compensation.
Keywords: Compulsory Land Acquisition, Fair, Adequate, Prompt Compensation, Tanzania.