REVIEW OF THE LAND ACQUISITION ACT (CAP 152) 1985: DISCUSSION OF THE POINTE GOURDE PRINCIPLE

Abstract

In 2003, the Singapore Land Authority came under heavy public scrutiny after acquiring two pieces of land and making a compensation of $1. While the majority of the debates in the media were about the unfairness of the compensation and the hardship the landowners are going to suffer, few probably are aware that this meagre payout is legally justifiable. This dissertation aims to examine the provisions that govern the $1 compensation and to assess the fairness of these provisions by comparing with the land acquisition systems of other countries. The Pointe Gourde principle, one that is commonly referred to in other countries to prevent landowners from gaining or losing as a result of the acquisition is also discussed in this dissertation. To mitigate the hardship suffered by landowners, an alternative system of recouping the betterment is recommended. It is hoped that this system will be a 'win win' situation for both the Government as well as the dispossessed landowners.