Andrè Zammit of Sliema wrote that, in the case of compulsory acquisition of property, the government bases its compensation on the assumption (not legal presumption?) that the transaction valuation was based on the notion of a willing buyer and a willing seller.

There is already a paradox here. The seller is forced to sell, thus it is essential that this criterion is adopted every time that the acquiring authority holds the aces despite its notional status of a willing buyer. I have, of course, paraphrased his words but trust the changes carry his meaning.

I mean no criticism of Zammit because I am on a quest for information gathering. However, I do know of one cardinal rule of valuation where competent authorities are forcing land owners to sell their property to the State or its agencies: the valuation of land must be made by an independent body. Appeal against valuation decisions lies only on a point of law to a high court.

I would sincerely be grateful to Zammit if he could enlighten me and other readers about what safeguards there are to protect the not so ‘willing’ seller in Malta in cases of compulsory acquisition by the State.

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