The New Urban Lands Lease Holding Proclamation No. 721 /2011 (Published on Negarit Gazetta)

URBAN LAND LEASE PROCLAMATIONS No. 721 –2011 (DOWNLOAD  pdf)

New Land lease Proclamation No. 721 –2011

Federal Negarit Gazeta No.4 28th November, 2011

18th Year No.4

Addis Ababa 28th November, 2011

                            Proclamation No. 721/2011

A PROCLAMATION TO PROVIDE FOR LEASE HOLDING OF URBAN LANDS

Short title: Urban Lands Lease Holding Proclamation No. 721 /2011.

 

URBAN LAND LEASE PROCLAMATIONS No. 721 –2011 (DOWNLOAD  pdf)

Click on the above link, which will take you to the file attachment page

The New Land Lease Proclamation: Changes, Implications

(Daniel W. Ambaye

E-mail: danambaye@yahoo.com

This Article which is written in English and Amharic, first appeared on the Reporter newspaper.  It was suggested to me by the writer himself. The writer is a lecturer at the Institute of Land Administration, Bahir Dar University)

 

The New Land Lease Proclamation: Changes, Implications

 

The House of Peoples Representatives has passed a new urban lease holding proclamation in October 2011 that is termed as Proclamation 721/2011. This proclamation repeals the previous urban land lease holding proclamation no. 271/2002. The new proclamation has introduced some new and controversial articles which generate lots of discussions among the people and government officials.

Daniel Weldegebriel Ambaye tries to investigate the basic contents of the major changes introduced and the possible implications thereof.

Background and objectives of the proclamation

Before the revolution, urban land was held in Ethiopia in private ownership. When the Derg came to power in 1974, it passed a proclamation (47/1975) that transferred all urban land and extra houses to government ownership. Land owners lost their land without compensation and land was not subject to sale, mortgage, donation, lease and so on. Urban residents were allowed to keep one residential house and another business house, if necessary. Those who had no house at that time were allowed to get a land not more than 500 square meters to construct one. And those who had no ability to do so were given government houses on rental basis. Continue reading The New Land Lease Proclamation: Changes, Implications

A PROCLAMATION TO PROVIDE FOR LEASE HOLDING OF URBAN LANDS Proclamation No. 721

Proclamation No. 721/2004

A PROCLAMATION TO PROVIDE FOR LEASE HOLDING OF URBAN LANDS

 WHEREAS it is provided by Article 40 of the Constitution of the Federal Democratic Republic of Ethiopia that land is the property of the State and the people of Ethiopia and that its use shall be subject to specific regulation by law;

 WHEREAS the sustained rapid economic growth registered across sectors and regions in the country has steadily and exponentially increased the demand for urban land, and such development requires prudent and responsive land resources management;

 WHEREAS the prevalence of good governance is a foundational institutional requisite for the development of an efficient, effective, equitable and well functioning  land and landed property market, the sustenance of a robust free market economy and for building transparent and accountable land administration system that ensures the rights and obligations of the lessor and the lessee;

 NOW, THEREFORE, in accordance with sub-article 2(a) of Article 55 of the Constitution of the Federal Democratic Republic of Ethiopia, it is herby proclaimed as follows:

1. Short Title

This Proclamation may be cited as the “Urban Lands Lease Holding Proclamation No.721/2004

2. Definitions

In this Proclamation unless the context otherwise requires:

1/ “lease” means a system of land tenure by which the use right of urban land is acquired under a contract of  a definite period;

2/ “urban land” means land located within an administrative boundary of an  urban center;

3/ “urban center” means any locality having a municipal administration or a population size of 2000 or more inhabitants of which at least 50% of its labor force is, primarily, engaged in non-agricultural activities;

4/ “region” means any state referred to under Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia;

5/ “city administration” means the Addis Ababa City Administration or the Dire Dawa Administrative Council;

6/ “appropriate body” means a body of a region or a city administration vested with the power to administer and develop urban land;

7/ “public interest” means the use of land defined as such by the decision of  the appropriate body in conformity with urban plan in order to ensure the interest of the people to acquire direct or indirect benefits from the use of the land and to consolidate sustainable socio-economic development;

8/ “urban plan” means structural plan, local development plan or basic plan of an urban center including annexed descriptive documents which are  legally endorsed by the authorized body and have legally binding effect;

9/ “tender” means a modality of land use right transfer applied for  providing urban land on lease to the highest bidder on the basis of market and competitive parameters;

10/ “allotment” means a modality of land use right transfer applied for  providing urban lands by lease to institutions that could not be accommodated by way of tender;

11/  “lease benchmark price” means the threshold price determined by taking into account the cost of infrastructural development, demolition cost as well as compensation to be paid to displaced persons in case of built up areas, and other relevant factors;

12/  “grace period” means a time frame that a lessee is relieved from payment after effecting the advance payment and before the commencement of the annual lease payment;

13/ “construction start-up” means the construction of at least the foundation and erection  of  re-enforcement  bars  to  cast   columns  of the planned construction;

14/ “completion of foundation” means the construction phase whereby the building site is dug, reinforcement concrete is filled in and its floor is completed and erection of its first wall is started;

15/ “half-completion of construction” means:

a) in the case of a villa, completion of foundation, columns and top beam;

b) in the case of a multi-story building, completion of foundation and 50% of the total number of floor slabs;

c) in the case of a real estate development, completion of the construction phase referred to, as the case may be, in paragraph (a) or (b) of sub-article (1) of this Article relating to the entire blocks.

16/ “completion of construction” means the full completion of a building and installation of basic utilities in accordance with the plan and make it ready for use;

17/ “old possession” means a plot of land  legally acquired before the urban center entered into the leasehold system or a land provided as compensation in kind to persons evicted  from   old settlements;

18/ “manufacturing industry premise” means plots of  land reserved, developed or allotted, in accordance with the land use plan, for use of manufacturing industries;

19/ “mega real estate” means a housing development involving the construction of at least 1,000 residential units with a view to alleviating the shortage of housing in urban centers;

20/ “projects having especial national significance” means projects having outstanding contributions in the success of the country’s growth and transformation, or projects which, in the course of expanding the country’s cooperative relations with other governments, are intended to lay strong foundation for  the relations between the countries;

21/ “Ministry” means the Ministry of Urban Development and Construction;

22/ “person” means any natural or juridical person;

23/  any expression in the masculine gender includes the feminine.

  Continue reading A PROCLAMATION TO PROVIDE FOR LEASE HOLDING OF URBAN LANDS Proclamation No. 721

APPROPRIATION OF LAND FOR GOVERNMENT WORKS AND PAYMENT OF COMPENSATION FOR PROPERTY PROCLAMATION NO. 401-2004

PROCLAMATION NO. 401/2004.

A PROCLAMATION TO PROVIDE FOR

APPROPRIATION    OF    LAND    FOR GOVERNMENT WORKS AND PAYMENT OF COMPENSATION FOR PROPERTY

 

    WHEREAS, the government needs to use land for development works carried out the in the public interest;

    WHEREAS, it is necessary to improve procedures for appropriation of the required land and valuation of property for compensation;

    NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of Federal Democratic Republic of Ethiopia it is hereby proclaimed as follows: Continue reading APPROPRIATION OF LAND FOR GOVERNMENT WORKS AND PAYMENT OF COMPENSATION FOR PROPERTY PROCLAMATION NO. 401-2004

Journal Articles and Materials on Ethiopian Land Law and Land Tenure System

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Etablissement de la procédure de certification de terres rurales en Éthiopie

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 Contracting for Land: Lessons from Litigation in a Communal Tenure Area of Ethiopia

Sandra Fullerton Joireman

 

Human Rights Approach to Land Rights in Ethiopia

Belachew Mekuria

 

LAND REFORM IN ETHIOPIA: A CASE STUDY IN NON-DEVELOPMENT

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Land Tenure in Ethiopia Continuity and Change, Shifting Rulers, and the Quest for State Control

Wibke Crewett, Ayalneh Bogale and Benedikt Korf

 

Land Valuation for Expropriation in Ethiopia: Valuation Methods and Adequacy of Compensation

Daniel Weldegebriel AMBAYE

 

Property Rights in a Very Poor Country:  Tenure Insecurity and Investment in Ethiopia

Daniel Ayalew,  Stefan Dercon  and Madhur Gautam

 

Rural land certification in Ethiopia: Process, initial impact, and implications for other African countries

Klaus Deininger, Daniel Ayalew Ali, Stein Holden, and Jaap Zevenbergen

 

TENURE SECURITY AND LAND-RELATED INVESTMENT: EVIDENCE FROM ETHIOPIA

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Land scarcity, tenure change and public policy in the African case of Ethiopia: Evidence on efficacy and unmet demands for land rights

Tesfaye Tekelu

 

The Legal Status of the Communal Land Holding System in Ethiopia: The Case of Pastoral Communities

 Mohammud Abdulahi

 

The protection of land rights in Ethiopia

Montgomery Wray Witten

 

Urban Land Lease Policy of Ethiopia Case study on Addis Ababa and Lease towns of the Amhara National Regional state

Belachew Yirsaw

WOMEN AND LAND RIGHTS IN ETHIOPIA: A Comparative Study of Two Communities in Tigray and Oromiya Regional States

Hadera Tesfa