Source: The Indian Express  

Introduction 

The recent controversy surrounding South Africa's Expropriation Act, 2024 has sparked international debate, particularly following US Secretary of State Marco Rubio's refusal to attend the G20 summit. The Act, which provides for governmental acquisition of private property without owner consent for public purposes, stems from historical concepts of eminent domain and raises significant questions about property rights, compensation, and public interest in modern democracies. 

Is South Africa’s Land Expropriation Policy Creating Diplomatic Tensions with the US? 

• Marco Rubio's Statement: "[US Secretary of State] would not attend the G20 summit in Johannesburg this year, saying South Africa was doing 'very bad things' – including 'expropriating private property.'" 
• Donald Trump's Threat: "[US President] threatened to cut aid to South Africa, stating that the country was 'confiscating land' and 'treating certain classes of people VERY BADLY'" 
• Cyril Ramaphosa's Response: "The Act was part of 'a constitutionally mandated legal process that ensures public access to land in an equitable and just manner as guided by the constitution.'" 
• Ramaphosa's Additional Context: "South Africa, like the United States of America and other countries, has always had expropriation laws that balance the need for public usage of land and the protection of rights of property owners." 
• The controversy emerged from South Africa's Expropriation Act, 2024, enacted in January 2025, which allows the government to acquire private property without owner consent for public purposes, leading to this international diplomatic exchange. 
• This incident reflect tensions between the US and South Africa over land reform policies, bringing international attention to South Africa's approach to addressing historical land ownership inequalities. 

How Has Compulsory Land Acquisition Evolved Across Different Legal and Historical ? 

Origins of Compulsory Land Acquisition 

• Theoretical Foundation 
• Originated from Dutch scholar Hugo Grotius's 1625 legal treatise "De jure belli ac pacis" 
• Introduced concept of "dominium eminens" (supreme lordship) 
• Established two key principles:  
  • State has ultimate ownership over all property 
  • State can use, alienate, or destroy property for public utility 
  • This power extends beyond emergency situations 
• Colonial Impact 
• European colonists spread this concept globally 
• Led to formal codification in various jurisdictions 
• Became foundation for modern eminent domain laws 
• Used as tool for colonial administration and control 

Evolution of Private Property Rights 

• Magna Carta (1215) 
• Landmark document signed by King John of England 
• First written limitation on royal power 
• Established key principles:  
  • King subject to law 
  • Property rights protected from arbitrary seizure 
  • Required "lawful judgment" for property taking 
  • Introduced concept of "due process" 

How Do Different Countries Approach Compulsory Land Acquisition and Property Rights?  

United States 

• Constitutional Framework 
• Fifth Amendment (1791):  
  • Established "due process" requirement 
  • Introduced "Takings Clause" 
  • Required "just compensation" 
  • Limited takings to "public use" 
• Modern Evolution 
• Kelo v. City of London (2005):  
  • Expanded definition of "public use" 
  • Included private economic development 
  • Caused significant controversy 
• State Response 
• Many states passed restrictive laws 
• Limited eminent domain powers 
• Protected private property rights 
• States including Alabama, Delaware, Texas took action 

South Africa 

• Constitutional Framework 
• Section 25 provides comprehensive property protection:  
  • Prohibits arbitrary deprivation 
  • Requires public purpose/interest 
  • Mandates just compensation 
• Post-Apartheid Evolution 
• "Willing Seller, Willing Buyer" approach:  
  • Voluntary land redistribution program 
  • Aimed to address historical inequities 
  • Limited success in practice 
• Land Ownership Statistics 
• End of Apartheid (1994):  
  • 86% agricultural land white-owned 
• Re cent Audit (2017):  
  • 72% agricultural land white-owned 
  • Shows slow pace of reform 
• New Expropriation Act, 2024 
• Key Features:  
  • Allows acquisition without consent 
  • Requires public purpose/interest 
  • Provides for "just and equitable" compensation 
  • Includes provision for nil compensation 
  • Permits temporary urgent expropriation 

India 

• Initial Constitutional Position 
• Fundamental Rights:  
  • Article 19: Right to acquire, hold, dispose property 
  • Article 31: Protection against arbitrary acquisition 
  • Required compensation for acquisition 
• Constitutional Evolution 
• 1978 Amendment:  
  • Removed property from fundamental rights 
  • Introduced Article 300A 
  • Made it a legal right rather than fundamental right 
• Legislative Development 
• Land Acquisition Act, 1894:  
  • First comprehensive legislation 
  • Focus on landowner compensation 
  • Limited scope of affected parties 
• Modern Framework (2013 Act) 
• Right to Fair Compensation and Transparency:  
  • Broader scope of affected parties 
  • Social Impact Assessment requirement 
  • Comprehensive rehabilitation provisions 
  • Enhanced compensation framework 
  • Transparent acquisition process 
  • Focus on informed consent 
  • Special provisions for industrial development 
• Multiple specialized laws for:  
  • Highway construction 
  • Atomic energy plants 
  • National monuments 
  • Each with unique provisions and requirements 
• This evolution shows how property rights and land acquisition have been shaped by historical, social, and political factors in each country, while maintaining some common threads from their shared colonial heritage. 

Conclusion: 

While India, the United States, and South Africa share common historical roots in their property laws through European colonization, each nation has developed distinct approaches to land acquisition based on their unique social, economic, and political circumstances. The evolution of these laws reflects an ongoing effort to balance private property rights with public interest, though implementation methods and outcomes vary significantly across jurisdictions. South Africa's new Expropriation Act represents the latest development in this continuing legal evolution.