Overview

Legal challenges during attempts to procure land often become a key barrier to the smooth implementation of strategic projects. Indeed, disputes over land ownership or disagreements relating to compensation frequently raise tensions and trigger conflicts, slowing down the procurement process. This situation not only disrupts construction schedules but also results in legal uncertainties that have the potential to harm all parties involved.[1]

In this context, it is important to understand that land procurements that are undertaken for public purposes differ from those that are intended for private reasons. Indeed, Law No. 2 of 2012 on Land Procurements for Developments in the Public Interest, as amended by Regulation of the Government in Lieu of Law No. 2 of 2022 (“Regulation 2/2022”) on Job Creation (collectively referred to as “Law 2/2012”),[2] states that land procurements should be carried out by the central government or regional governments through guaranteed land availability and funding.[3]