Land Acquisition in Peninsular Malaysia: Empirical Study on Striking the Right Balance Between Public and Private Interests

DOI

10.2991/978-94-6463-352-8_2How to use a DOI?

Keywords

Land Acquisition; Balance between public and private interests; Procedures and Compensation

Abstract

The right to own property is an intrinsic human right that grants ownership and enjoyment to owners. For land, the ownership right is not absolute but subject to the state authority’s acquisition. The land acquisition regime ostensibly requires balancing two competing interests: public and private. In theory, the law states the public side clearly but keeps the non-public side almost invisible. This study examined stakeholders’ perspectives, particularly the affected individuals, to determine the balance of rights between public and private interests in Malaysian land acquisition. The study used a questionnaire survey to collect data and descriptive analysis to present the results. The outcome demonstrated that whenever the state exercises the power of land acquisition, the acquisition tends to favour the public interest over private interests, both in law and practice. The study also presents its conclusion and recommendations for Malaysia based on Australia’s best practices.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Noor Asyikeen Mohd Salleh
PY  - 2024
DA  - 2024/01/10
TI  - Land Acquisition in Peninsular Malaysia: Empirical Study on Striking the Right Balance Between Public and Private Interests
BT  - Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)
PB  - Atlantis Press
SP  - 4
EP  - 14
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-352-8_2
DO  - 10.2991/978-94-6463-352-8_2
ID  - Salleh2024
ER  -