Absentee owners and claimants you cannot find

Some entitled people are not there at enumeration and not there at payment. What a defensible search looks like before funds are retained.

Olule Solomon8 min read

Some entitled people are not there. The owner works in the city and visits at harvest. The registered holder emigrated a decade ago. A tenant moved between enumeration and payment and left no address. In every programme a residual group cannot be found, and how a project handles them is a test of whether its process is fair or merely administrable.

Absent is not the same as unlocated

An absentee owner is identifiable and reachable with effort — a phone number, a relative, an address in another town. The obligation is to make that effort and to record it.

An unlocated claimant is someone the project cannot reach despite reasonable search. That status should be a documented conclusion, not the default for anyone who was not standing in the field on survey day.[1]

Not present at enumeration is a fact about the survey. It is not a finding about entitlement.

What a defensible search looks like

  • Multiple visits at different times, including outside working hours and in the season the holder is likely to be present.
  • Enquiry with neighbours, local leadership and family, with the responses recorded and named.
  • Public notice — the draft register displayed in the settlement, notices at local government offices, radio announcements where they are the medium people actually use.
  • Contact through any channel the record holds, including phone numbers collected at census and any registry contact details.
  • A defined period after which the record is classified as unlocated, with the evidence of search attached.[3]

This is not elaborate and it is rarely done systematically, which is why unlocated frequently turns out to mean nobody phoned.

Retaining funds rather than closing the file

Where a claimant genuinely cannot be found, the compensation does not stop being owed. The correct treatment is to retain the assessed amount in an identifiable account against that record, keep the entitlement open, and provide a route by which the person can claim it later.

Two things make that route real: the retained funds must survive project closure, with a named institution holding them and able to pay; and the existence of the arrangement must be publicised, because a claim route nobody knows about is not one. Both belong in the completion report rather than in a footnote about residuals.[2]

Possession over an unlocated claimant's land

This is the genuinely difficult case. The project needs the land, the money is available, and there is nobody to pay. National frameworks often provide a mechanism — payment into court or into a statutory account, followed by possession — and where they do, using it is both lawful and appropriate.

Where no mechanism exists, retaining the funds transparently and documenting the search is the best available position. What is not defensible is taking possession and treating the absence of a claimant as the absence of a claim.[4]

Reducing the number

Most unlocated cases are created by the process rather than by the claimant. Collecting phone numbers and an alternative contact for every household at enumeration, displaying the draft register publicly before payments start, and keeping the register open to correction throughout implementation each cut the residual group substantially.

They also cost almost nothing, and they have to happen while the survey team is still in the field. After demobilisation, the same work requires a mobilisation of its own.

Sources

  1. [1]Performance Standard 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  2. [2]Guidance Note 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  3. [3]Good Practice Handbook: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2023.
  4. [4]ESF Guidance Note 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement — World Bank, 2018.

Olule Solomon

Lead Consultant, ValueSpace

Olule Solomon is Lead Consultant at ValueSpace, where he works on land acquisition and resettlement systems for donor-financed infrastructure in East Africa. He writes about the practical gap between what the safeguard standards require and what a project can actually evidence at completion audit.

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