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Encyclopedia > Expropriation

Expropriation is the act of removing from control the owner of an item of property. The term is used to both refer to acts by a government or by any group of people. This page deals with property as ownership rights. ...


It is commonly refered to as the act of removing property from an owner especially by public authority - for example, expropriated the property owners who lived in the path of the new highway. A Public Authority is a public corporation, chartered by a State. ...


It is sometimes used in the context of redistribution - for example, taking wealth from the rich to feed the poor. Redistribution is a term often applied to finite commodities within a society. ...


Expropriation is one of the political risks involved with Foreign Direct Investment. It is characterized by confiscation of the foreign asset, and a pittance payment. This payment is sometimes a formality, and may not represent an acceptable reparation, because the transaction is not one to which the owners, as forced sellers, have freely consented. Moreover, adding to the complaints of the owners, the competition of any other buyers is excluded. Finally, the expropriated business is quite frequently a successful and established one, rather than one that is still highly risky or even failing. Such expropriation thus deprives the owners of their reasonable expectations of reliable returns from such a proven business. Foreign direct investment (FDI) is the movement of capital across national frontiers in a manner that grants the investor control over the acquired asset. ... Confiscation, from the Latin confiscato join to the fiscus, i. ...


Conversely, acts of expropriation may be warranted for a variety of reasons, peculiar to the local governmental entity. Sometimes, for instance, the expropriated business owners pay little or no attention to the host contry's assertion that royalty payments are too small relative to the resources being extracted from the host country. Some host country political complaints may relate to the treatment of its nationals as employees of the business. At other times, the host government may judge that strategic decisions about the business entity are simply wrong-headed and ill-advised, as applied to the host country, however right they may seem to the owners. Such judgments may also occur when the business entity fails to include the host country's interests and concerns, legitimate or not, as matters of ordinary consultation and effective participation in the operational plans of the business entity.


Other political risks in the domain of expropriation include confiscation (without payment), blockage of funds, breach of contract, frozen assets, operational restrictions, and/or heavy taxation as well as frequent tax probing. Businesses would do well always to remember that doing business is a privilege, and not a right -- and to conduct themselves accordingly.


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  Results from FactBites:
 
Expropriation Law Centre (168 words)
If you have an interest in Canadian expropriation law you will find some useful sources of information here including links to expropriation legislation, access to case law, news, articles, notices of upcoming events, case reviews and comments, statistics, a directory of expropriation professionals and other information about expropriation.
You will find this site valuable whether you are an expropriation professional, a journalist or researcher looking for resources, a property owner facing expropriation, or you are interested for any other reason in this subject.
Many of the issues and legal principles discussed are also relevant to the United States of America, where expropriation is more commonly known as "eminent domain" or "condemnation", and in the United Kingdom, where it is known as "compulsory purchase".
Objections to Nanoose Expropriation, by David Krieger, August 1999 (1495 words)
I wish to object to the expropriation of the seabed in Nanoose Bay for three reasons related to the purpose of the expropriation, which is to allow the United States the possibility to bring nuclear weapons carrying submarines into the waters above the expropriated land.
In doing so, they will also expropriate from the citizens of this province the right to act upon their morals in their own community on this issue of such great importance to the future of life on Earth.
By seeking to expropriate the Nanoose seabed, the Canadian government is crushing not only the dreams of the people here for a nuclear weapons free world, but also the dreams of the great majority of ordinary American citizens who would prefer to live in and leave to their children a world free of nuclear weapons.
  More results at FactBites »


 

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