This content is exclusively provided by FAO / FAOLEX

Land Acquisition Act.

Country
Type of law
Legislation
Source

Abstract
The Afghan Land Acquisition Act outlines the legal framework that enables the government to acquire private or public land for projects serving the public interest, such as infrastructure development, environmental protection, public facilities, or energy. It establishes conditions under which expropriation may occur, including necessary approvals from the Cabinet and environmental or social impact assessments. The law emphasizes fair compensation and requires prior consultation with affected landowners. It also details the procedures for classifying land, the technical evaluation of its value, and the role of various government institutions in managing and implementing the expropriation process. The law provides special provisions for urgent expropriations, temporary land use by the state, and situations involving disputed or informal property rights. It defines legal responsibilities for different parties, including government entities and private owners, and introduces mechanisms for appeal, dispute resolution, and penalties for misuse or fraud. Provisions are also made for returning expropriated land if it is not used as intended.
Chapter 5 of the Act defines the procedures for valuing and classifying land and property before expropriation, assigning responsibilities to a valuation proposal committee and technical team. It includes the certification of ownership and value changes for various property types, such as constructed structures, developed land, private buildings, and commercial or non-commercial assets and land clearing purposes. Government agencies are required to collaborate with environmental authorities and incorporate environmental and social impact assessments criteria into decision-making. The text consists of 53 Articles divided into 7 Parts covering responsibilities of the expropriating authority and owner; types of expropriation; transfer of public property for implementation of project; and valuation of expropriated properties.
Date of text
Repealed
No
Publication reference
Official Gazette No. 1258.
Source language

English

Legislation Amendment
No
Original title
قانون استملاک