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To some extent, economic terminologies are employed to describe the principles. The purpose of this chapter is in general to assess whether fair compensation can be and is paid in Ethiopia in the event of expropriation. Chapter 7 provides an analysis of the findings and a set of recommendations. The analysis is based on the findings of each chapter and it gives a synthesis of land rights and expropriation in current Ethiopia. In a bid to make it important to policy makers and responsible officials, the recommendations are grouped into two: recommendations that may be useful for policy and legal revision, and those that can improve the expropriation practice such that it complies with the laws and regulations.
22. 6 Munteanu, C. 2005. Historical Remarks on the Legal Notion of Property. Acta Universitatis Lucian Blaga, 54, p. 58. 2 Land Ownership Regimes Before proceeding to the discussion of ownership, it is important to provide an explanation on the nature of land ownership in Ethiopia first. As shall be raised and discussed in different parts of this dissertation, the Ethiopian land is governed under two proclamations and provides two classes of land rights. From the outset one needs to know that land belongs to the common ownership of the Ethiopian people and the state, and hence it is not subject to sale or other means of exchange.
The first constitution was adopted in 1931 in the image of the Japan’s Meiji Imperial Constitution. 44 After the demise of the imperial 42 43 44 Article 51(5) of the FDRE Constitution. Article 52(2)(d) of the FDRE Constitution. The Revised Constitution of the Empire of Ethiopia. Negarit Gazetta, 1955. 45 Following the removal of the Derg from power in 1991, the current government adopted another constitution in 1995, which operates today. The first three constitutions are used in this dissertation to highlight the history of land rights and the expropriation practice in Ethiopia, while the current FDRE Constitution is used as a base of the discussion.