WOLLEGA UNIVERSITY (GIMBI CAMPUS)

COLLEGE OF NATURAL AND ENVIRONMENTAL SCIENCE

DEPARTMENT OF LAND ADMINISTRATION AND SURVEYING

ASSESSMENT OF PROPERTY VALUATION FOR EXPROPRIATION IN CASE

GIMBI TOWN 01 KEBELE, WEST WOLLEGA OROMIA REGION

RESEARCH PROPOSAL IS SUBMITTED TO DEPARTMENT OF LAND

ADMINISTRATION AND SURVEYING IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS FOR BACHELOR SCIENCE DEGREE IN LAND
ADMINISTRATION AND SURVEYING
BY:

Advisor:

GIMBI, ETHIOPIA

List of figure
Figure1. Map of the study area………………………………………………………….

List of tables
Table1. Time plan of the study………………………………………………………..

Table2. Budget plane of the study…………………………………………………….

Acronyms and Abbreviations

AI

CFDRE

FAO

Proc No

IVSC
 CHAPTER ONE

1. INTRODUCTION

1.1. Back Ground of the Study

The right to property is often classified as, a human right for natural persons regarding to their
personal possession. A general entitlement to private property is found more rarely, and is
heavily constrained in far as legal person (corporations) and where it is used for production
rather than consumption own property. The right to property is not absolute and states have a
wide degree of discretion to limit the right to property in the public interest (Rebecca N, 2002).

Protection of property is considered an important element in the market economy, and a

prerequisite for securing of individual shall the property not be protected the owner might not be
willing to take the risk and invest on the property. Without investment the development of
society is seen to slow and ineffective (viitanen, 2002).

Compulsory acquisition is the power of government to acquire private right in property without
willing or consent of its owner occupant in order to benefit society. This power is often
necessary for social and economic development and protection of natural environment (FAO,
2008).

The united nation general assembly resolution on permanent sovereignty over natural resource
stated that expropriation should be based on grounds reason of public purpose or national
interest, which is recognized as overriding purely individual or appropriates (Blachew, 2013).
The right expropriate property is not absolutes; international places limitations on governments
discretionary powers in this regard. In such case, the owner shall be paid compensation in
accordance with the rules in force in the states taking such, measures in the exercise of
sovereignty and in accordance with international law (Ganesh.p.sh, 2005; vakoti, 2005).

In Ethiopia is the government had eminent power to expropriate private property for public
purpose. The 1960 civil code article 1460 states expropriation proceeding are proceedings where
by the competent authorities compile owner to surrender the ownership of an immovable
property required by such authorities for public purpose (Blachew, 2013). Driven by the demand
for economic development and improvement of the wellbeing of the society, the current
government of Ethiopia maintains and exercises its power to expropriate land for public purpose.
More specifically in last ten –fifteen years urban centers of Ethiopia have growing from time to
time and the numbers of urban dwellers has been increasing and their by land redevelopment for
the construction of dwelling houses ,infrastructure, investment and other services. So
expropriation of land become necessary (Proc No 455/2005).

As most region of Ethiopia, Oromia National state currently has facing growth of urbanization
and expansion of different infrastructure now days, the region opened its doors for foreign and
domestic investment (Girma, 2011). Among town in Oromo Region where land is required for
public purpose Gimbi town is one of them where land is taken for different purpose for example
for residential purpose. However, the aim of this proposal will be to assess the valuation practice
to conduct compensation during the expropriation of private property for the sake of public
purpose in the study area.

1.2. Statement of Problem

In Ethiopia, the governments have power to expropriate private property and subject to
compensation. The constitution also puts this fact with a statement of “without prejudice the
right of property holder, the government may expropriate land for public purpose subject to in
advance of compensation commensurate to the value of property (Proc No. 1161/2019).
According to this provision, no person shall be deprived to his ownership, unless it is in the
public interest. The amount compensation would be commensurate to the value of property being
expropriated and the timing of compensation payment is made before expropriation starts. The
amount of compensation for property situated on the expropriated land shall be determined based
on replacement cost of property. It said, “regardless of the type of the property the amount of
compensation for property situated on the expropriated land shall be determined only on the
basis of replacement cost of the property that assumes current cost of construction cost of
permanent improvement on land (FDRE, 2019). The problems related to adequate professional
valuers in the field principle licensed and certified property valuers, who meet educational
experience and testing requirement. Most set by the states to perform valuation has now ever
practically, these are not professionals in Ethiopia, valuers who trained in other discipline have
under taken valuation. However, the owners have usufruct right to the lifetime. Therefore, this
study will targeted to assess the problem related to the practice of property valuation for
expropriation in West Wollega Oromia Region Gimbi town specifically in kebele 01. It will also
focus on addressing the practical problems encountered by affected peoples during expropriation
and determination of compensation. Therefore, this study will examine the current practice of
valuation & compensation for Expropriation in Gimbi town in kebele 01.

1.3. Objective of the Study

1.3.1. General objective

The general objective of the study will be to assess the practice of property valuation for
expropriation in West Wollega Gimbi town in kebele 01.

1.3.2. Specific objective

 To examine what valuation method and bases of the valuer used to determine the amount
of compensation.
 To examine practical problem the valuer and expropriated owners faced in property
valuation for expropriation.
 To examine the purposes of property valuation during expropriation and compensation
for the societies.

1.4. Research Questions

The paper will be, conducted to answer the following question

 What types of valuation method do public institution used to determine the amount of
compensation?
 What is the practical problem faced by parties responsible to undertake property
valuation to determine amount of compensation by the expropriated owners after
compensation in the study area?
 What are the purposes of property valuation during expropriation and compensation for
the societies?
1.5. Significance of the study

This study might be bases for further researchers as a reference and for readers enables to
examine property valuation for expropriation applied in Gimbi town and it also might be
important input to existing expropriation law, when it is needed to, be amended.

1.6. Scope of the study

This study will be limited in both spatial and subject scope. Spatially, this study was, delimited
to a specific area, specifically in terms of Gimbi town specifically on kebele 01. The study will
focus on assessing property valuation for expropriation in the study area.

1.7. Organization structure of the study

This study will contain four chapters. The first chapter encompasses an introduction that includes
the overall background of the study, statement of the problem, study objectives, significance and
scope. Chapter Two provides a comprehensive review of related literature. Chapter Three details
the study area and research methodology. The fourth chapter will encompasses data analysis and
presentation.
 CHAPTER TWO

2. LITRATURE REVIEW

2.1. Definitions

Expropriation‘’ The term expropriation can be broadly defined as the power to take private
property for public use by the states and forced sale and distinguish from confiscation in that the
owner will be compensated for the property taken (W/Gabriel, 2009).

In Ethiopia, it is, believed that the concept of expropriation was introduced at least in law, during
in reign of Minelik second. The first regulation that made land as a private commodity was
enacted in 1907 for the city of Addis Ababa. The provision becomes applicable to other part of
the country soon after. Since the enactment of the 1907 regulation, few land lord, regional chief
become private owners of the large track of land. In the interest of public, however, the
government was allowed to have the right of expropriation (disposition) of private owners.
Despite the right to own and dispose of property was given legal recognition in several article of
the civil code of Ethiopia. The government had eminent power to expropriate private property
for public purpose. The 1960 civil code article 1460 states, expropriation proceeding are
proceedings where by the competent authorities compile owner to surrender the ownership of an
immovable property required by such authorities for public purpose (Blachew, 2013). Driven by
the demand for economic development and improvement of the wellbeing of the society, the
current government of Ethiopia maintains and exercises its power to expropriate land for public
purpose. More specifically in last ten –fifteen years urban centers of Ethiopia have growing from
time to time and the numbers of urban dwellers has been increasing and their by land
redevelopment for the construction of dwelling houses ,infrastructure, investment and other
services.

Expropriation can also defined it is the right of the nation or states or those to whom the power
has been lawfully delighted, to condemn private property for public use and to appropriate the
ownership and possession of such property without owners consent on paying the owner a due
compensation to be ascertained according to law (Kriebaum, 2012).

Valuation: can be defined as the art or science of estimating the value of specific purpose of a
particular interest in property at a particular moment in time, taking in to account all the features
of the property and considering all the underlying economic factors of the market including the
range of alternative investment (Zelalem, 2013).

2.2. Concepts of Expropriation.

Historically, Expropriation was treated as an expression of sovereignty of the sate over its people
and their things, and there was no compensation to be paid in such eventuality. Expropriation is a
means of acquisition of land. The developers and government can get land, besides to negotiation
and other purchasing mechanisms, by way of expropriation without the consent of the owners
(Wayene, 2006).

The reason in favor of expropriation is the one related with the need of development. It is said
that unless we force to surrender his land, the land owner/possessor would otherwise, due to his
monopolistic position, be able to block development by refusing voluntary transfer of his land or
calming on realistically compensation (Kriebaum, 2012). Since expropriation pertains to the
relationship between the state and the private owner /possessor of immovable property, the rules
of public law will govern such relationships. Accordingly, the FDRE constitution to the right to
property, the government may expropriate private property for public purpose subject to payment
of advance compensation commensurate to the value of property (CFDRE, 1995). Thus, the
FDRE constitution primarily relies on the rule of constitutional protection of the right of
ownership of individuals. However, due to compulsive necessities the state chooses
expropriation to be an exception to his generally accepted norm in the international alien a.
However, in all instance, the constitution of FDRE provides that the requirement of public need
and full compensation must be, met. In addition, the constitution provides that compensation
should be paid in advance (Smith, 2001).

Thought expropriation is a measure of taking private property by the state against the will of the
owner, it is different from nationalization in that the later in an ideologically motivated measure
of taking of any movable or immovable with or without compensation. Expropriation is also
different from requisition. Because, the latter is applicable to the compulsory taking of movable
property of private owners by the state, while expropriation relates only to immovable (Reinisch,
2008).

2.3. Needs for expropriation

Different laws and legislations of different countries refer expropriation being used for public
purpose (interest) use. In practice these terms are often not clearly distinguished and they tend to
be interchangeably (FAO, 2008 ).

The rational for expropriation may be straight forward when land is acquired by the government
for use by a public entity, for example, for a public school, hospital, for a new public road or
airport. It is done with the aim of achieving development goals through the constitution of
different development inputs that push upward the wellbeing of the society in the future (Dolzer,
R., & Bloch, F , 2003).

Expropriation also made in order to increase the efficiency of land itself. A land possessor may
hold it as it is without making any improvement because of the fact that such possessor may not
be capable enough to improvements on it or due to reason other than this. In such cases, allowing
the government to interfere against the free will and peaceful enjoyment of his possessor right
may be justifiable and legitimate, since the society in general will not benefit on the base land.

2.4. Distinction among Market, Price, Cost and Value

Market value is the most probable price, as of a specified data in cash or in other terms
equivalent to cash or other precisely revealed terms for which the specific property rights should
sell after reasonable exposure in a competitive market. During this all conditions under request
to faire, sell with buyer and seller each acting prudently, knowledgeably and for self-interest, and
assuming that neither is under undue dress (Hussein, 2008).

Price refers to the amount particular purchasers agree to pay and a particular seller agree to
accept under the circumstance surrounding their transaction. Once finalized, a price refers to a
sales or transaction price and applies to exchange. Price is an accomplished fact.
Cost Appraisers: used to the term cost in relation to production, not in exchange. Cost may be
either an accomplished fact or current estimates. In real estate market cost, represent the total
expenditure on the actual construction and overall development of real estate.

Value: the relationship among price, market and cost includes the concept of values. Value can
have several meanings in real estate appraisal and the applicable definition depend on usage and
context (Mistry, 2014).

2.5. Value of Property in Expropriation

While value defined as, the dollar worth of a thing, a word has many different meanings. Each
interested party has in mind a different concept of value, each of which is quite limited in its
definition. This deference exists because value can be very subjective (Ely, 2005). As defined in
the appraisal of real estate market value is:

The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other
precisely revealed terms for which the specified property rights should sell after reasonable
exposure in a competitive market under all conditions. This includes requisite to fair sell, with
the buyer and seller each acting prudently, knowledgably, and for self-interest, and assuming that
neither under undue duress (AI, 2001). Market value in Ethiopia context is the amount which the
property would have realized it sold on the date if notice in the open market by willing seller to a
willing buyer (Kassie, 2006). Note that there are many different definition of market value,
usually with only minor differences, often, it will be important to have the exact wording
appropriate to the intended use of the appraisal, along with the source of definition (Ely, 2005).

According to the IVSC, Market value is estimated amount for which a property should exchange
on the date of valuation between a willing buyer and a willing seller in arm’s length transaction
after proper marketing where in the parties had each acted knowledgeably, prudently, and
without compulsion.

According to Ely (2008), for any object to have market value, certain essential elements must be
present, which are sometimes prerequisites. These elements are

Utility: usefulness; the ability to create a desire for possession.

Scarcity: in reality short supply; a lack abundance

Demand: the desire to possess plus the ability to buy; effective purchasing power.

Transferability: the ability to change the owner or use; marketable tittles

2.6. Types of values

Market value: is the most probable price, as a specified data in cash or in other terms equivalent
to cash or in other precisely reveled terms for which, the specified property rights should sell
after reasonable exposure in a competitive market. Under all condition, request to a fair sale with
buyer and seller each acting prudently and knowledgeably and for self-interest assuming that
neither is under undue dress (Seid, H.2008).

Use value represents the value of specific property for a specific use. In determining the use
value of a property, an appraiser gives attention on the value that the property generates. It does
not consider the highest and best use of property monetary amount that might be, realized from
its sell.

Investment value represents the value of a specific property to a particular inverter based on that
person’s investment requirement. Investment value is the value to an individual, not necessarily
in the market place.

Going concern value is an established and operating business with an indefinite future life. The
physical real estate asset of certain property such as hotel, motel, restaurants and manufacturing
enterprise are an integral part of an ongoing business. Going concern value includes the
incremental value of the property associated the business concern.

Assessed value refers to the value of a property determined for taxation purpose. Assessed value
may not concern to market value but it is usually, calculated in relation to market value.
Assessed value can be a percentage of market value or ratio of cost to value (Heinonen, K.,
Jaakkola, E., & Neganova, I, 2018).

2.7. Expropriation in Ethiopia

In Ethiopia, the first expropriation law at the federal level was, enacted in 2004. It was short
proclamation containing only 16 Articles that emphasized valuation and compensation. This
legislation abrogated laws all in consistent with the content of the proclamation. This means not
all the provisions of the civil code were, replaced, but only these, which contradicts the terms of
the 2004 proclamation. The current federal expropriation legislation was adopted a year later in
2005. This proclamation comes up with only slight changes. Likewise the emphasis given in this
proclamation are valuation and compensation, although one can also find a few provisions on
expropriations proceedings, such as notification, lodging of complaint and appeal. In other
words, all the other principles, which are not, covered by this legislation, shall continue to be
treated in accordance with the civil code. There is also other legislation, which contain specific
provision on expropriation. The Ethiopian Road Authority Reestablishment Proclamation (FDRE
Proc No 80/97): the Ethiopian Tele communication proclamation (Proc 49/96): the federal urban
land lease holding proclamation (proc. No 272/2002). The Federal Rural land Administration and
use proclamation (Proc No 456/2005 etc. (W/Gabriel, 2009).

2.8. Valuation and Compensation in Ethiopia

The Ethiopian constitution, under article 40(8), puts an obligation on the government to play in
advance compensation “commensurate to the value of the property” expropriated. (Daniel,
2006). According to Daniel, all this laws are connected and the reading of these laws gives little
evidence out of the amount of compensation and the principle of market value. In Ethiopia, the
laws that governs expropriation and compensation declared that loss of structure, land and
permanent improvements such as fences, trees, permanent plants, croups etc. shall be,
compensated in case of expropriation (Blachew, 2013).

2.9. Systems and methods of Valuation in Ethiopia

2.9.1 Valuation method in Ethiopia

The valuation system that we follow today in Ethiopia is the reflection of the land holding tenure
policy itself. There are two different systems to follow in urban and rural areas. In urban areas,
compensations are, paid for the improvement made on the land in the form of building, tree, and
other excavations and structure. The compensations are, based on replacement cost of similar
property. In addition, property owners shall be, paid for transportation, removal of things form
the place, fence, etc. and be, given a replacement land to construct the house. Nevertheless, what
lacks in the Ethiopian case is the location value of the property. For any modern market based
valuation system, location mates a lot, that According to proclamation No 455/2005 in article 8
“which shall be equivalent to ten times the average annual income he secured during the five
years preceding the expropriation of the land. Value of same buildings can be, varied because of
the difference of the location of the land (Asres, 2019).

In rural areas besides to houses, if any, and plants grass, trees, crops, fruit etc. therefore, farmers
should be compensated for the land they use. In principle, a replacement land would be given to
the market. In that case the compensation is based on annual harvest shall be paid until the
replacement lands is given. On the other hand, if they lose is permanent, means if replacement
land is not be found, then the amount is to be in the form of replacement compensation

2.9.2 Mandate to value

In Ethiopia, neither there is an independent and developed valuation system, nor are there
available professionals in the field. The reasons may be related to the fact that land is not
privatized property in Ethiopia, which has resulted in the non- development of the public real
property market in the country. Although the federal expropriation proclamation assumes that the
existence of certified appraisal professionals and national adopted uniform formula for valuation
(art 9 (1) of proc. 455 / 2005), this seems a dream to many today. In any case, the ministry of
federal affairs has been, given the task of developing the capacity of valuation systems in the
country, in collaboration with appropriate federal and regional government organ. In the
meantime, however, valuation has to be, carried out by committees comprised of different
experts of different backgrounds who have relevant different qualification (Daniel, 2015).

2.10. Valuation methods in Oromia

Oromia region a guide line that stresses proclamation NO 455/2005 should apply and also
provide some methodology for valuation of various compensable and determining the amount of
compensation that is receivable in case of expropriation. A look at the translated version of the
guide line immediately show that there is no a clearer distinction made between compensation
for property and permanent improvements to land as envisaged under article 7and8 of
proclamation NO 455/2005. This guideline provides for the valuation of houses (including
infrastructure line and other structures such as septic tanks), live fence, annual crops, eucalyptus
tree, grass, minerals, etc. It also takes into account permanent improvements, depreciation and
cost of repair. The guideline does not state anything specific about the payment of displacement
compensation, but instead states that compensation for permanent crops and pasturelands shall
be annual income-based and multiplied by ten years. There is no provision that requires annual
income from annual crops to be, multiplied by ten (Negl, 2008).

CHAPTER THREE

3. DESCRIPTION OF STUDY AREA AND METHEDULOGIES

3.1. Description of study area

The study will conducted in Gimbi Town, West Wollega Zone, Ethiopia at a distance of 441 Km
from Addis Ababa capital, which covers the total area of 4950 hectare. Its location is 9º 10’ N
latitude and 35º 50’ E longitude with an elevation of the town that ranges from 1600m to 2140m
above sea level. Elevation varies between 1820 and 2140m at mountain peak, South of Gimbi
town.

Fig1 Locational map of the study area

3.2. Climate of study area

The Gimbi town is lies in semi- temperate 1500- 2300 mean sea level with annual mean
temperature of 15 to 20° C. The climate in Gimbi is warm and temperate. Gimbi is a city with a
significant rainfall. Even in the driest month, there is a lot of rain. The average annual
temperature is 14.7°C and mean daily temperature also varies between 18 0C and 240C. The driest
month is December, with 13 mm of rain. Most of the precipitation here falls in August;
averaging 269 mm, March is the warmest month of the year. The area receives an annual rainfall
of 600 to 1400mm (Legese, 2020). The temperature in March averages 16.1°C. August is the
coldest month, with temperatures averaging 13.6°C (Tolesa, 2017).

3.3. Population

At present, the town occupied over 4943 hectares of land coverage and its expansion to its urban
boundary is aggravated by its population growth. According to Gimbi town administration
(2014), the town had the total population of 41,328 and this resulted due to natural and rural-
urban migration. However the population of the study are (kebele 01) is populated with total of
______peoples among them _____of them are males and _____of them are females.

3.4. Research Design

This study will adopt explanatory research design Focuses on understanding the essence of
experiences and phenomena from the representative Respondents of the about property valuation
for expropriation in the study area. Explanatory research clarifies or explains how a certain
situation or phenomenon affects the environment (Kumar, 2011). The chosen methodology will
involves through applying interviews to explain the existing situation in the study area.

3.5. Research Approach

This study will utilize qualitative data collection methods to provide a comprehensive
understanding of the property valuation for expropriation. Qualitative data will be, gathered
through interviewing purposively selected experts these work at the position of property
valuation and selected respondents these evicted from their land and property they had on their
land, because it gives current and factual information about the study.

3.6. Data Sources and Collection instruments

3.6.1. Data Sources

To procure the data a dual approach utilizing both primary and secondary sources will be,
employed. These firsthand methods are instrumental in acquiring information about property
valuation for expropriation from targeted respondents. Additionally, secondary data will be,
gathered from diverse sources such as the internet, reports, books, journals and governmental
institutions.

3.6.2. Data collection instruments

This study will utilize interviews with sampled respondents of because; their information will
contribute to examine of the overall practice of property valuation for expropriation in the study
area. Interviews offer firsthand perspectives of respondents about the phenomena. The data will
be gathered by interviewing by total of 12 respondents including, 3 of them from experts who
works on valuation and Compensation, 4 evicted land holders, 1 valuation & compensation team
leader and 4 from affected peoples who lost their property. The key informants will be, selected
and will be, interviewed face to face and their responses will be, recorded manually or by using
cell phone. The reason for the selection of this instrument is to assess the attitude, views, and
opinions of key informants. This is preferred because it is flexible, allowing new questions and
answers during the interview.

3.7. Sampling Technique and Target Population

In This study, both probability and non-probability sampling with the Purposive Sampling and
simple random sampling method will be, employed. The goal is to select 12 representative
respondents of the town for key informant interviews to get provide necessary information
regarding the practice of property valuation for expropriation. In Purposive Sampling, experts for
interviews will be, chosen deliberately with the number determined for reaching the data
saturation point. This ensures a comprehensive understanding without unnecessary data
collection in the investigation of property valuation for expropriation (Kumar, 2011). In case of
simple random, these affected peoples by the way of expropriation in the study town will be,
interviewed to get their idea about the issue.

3.8. Data analysis and presentation

The study will adopt qualitative data collection method to understand the general practice of
property valuation practice in the study area. Data that will be, collected qualitatively will
organized and presented in the form of statements that explain the overall practice of property
valuation for expropriation in the study area.
 CHAPTER FOUR

4. RESEARCH SCHEDULE AND BUDGET

4.1. Time Plan

Work plan is a time schedule that summarizes different component activities of research to be,
conducted and how will be, implemented in a clear way within a specific time span and budget.
It includes important activities to be, carried out starting from the beginning to the end of the
study with their target approximate time and budget provided to perform the study correctly.
Therefore, Time and budget breakdown for every project is mandatory to control the progress
and effectiveness. This research will be go forward based on the time plan and budget provided
in table below

Table 1. Time plan of the research

No Activity Dec Jan Feb March April May June

1 Topic selection

2 Advisor contact

3 Literature Review

4 Development of research proposal

5 Data Collection

6 Data Organizing and Coding

7 Data Analysis

8 Writing research report

9 Organize and printing

10 Submission and Presentation

4.2. Budget Breakdown

Budget required for this study are breakdown in table below

Table 2. Cost Breakdown of the Research

No Type of item Quantity Cost

1 Stationary All stationary 2500

2 Transportation All trips 2000

3 Flash 1(16 GB) 500

4 Miscellaneous expense 2 1000

5 Printing cost Full document 3000

Total 6600
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44APPENDIXES