What can you do if the compensation offered is too low?

Four routes, in ascending cost. Most disputes are about counts rather than rates, and those are settled fastest in the field.

Olule Solomon8 min read

Start with the count, not the rate. Most compensation disputes turn out to be arithmetic — trees missed, dimensions wrong, a structure classified as temporary when it is permanent — and those can be fixed by a re-measurement in days. Disputes about the valuation method take far longer and are best raised collectively, because they affect everyone in your area, not just you.

Four routes, cheapest first

  1. Ask for a field re-check. Someone other than the original enumerator re-measures with you present. Get the recount recorded and signed on the spot.
  2. File a grievance. Free, must be answered within a stated period, and creates a record you can point to later.[1] Get a reference number.
  3. Use the statutory objection route if the internal one fails. Slower, more formal, and the step that preserves your position.
  4. Court or tribunal. The only route that binds, and the one measured in years.[3]

What to gather before you argue

  • The breakdown of your award — item by item, with the rate applied to each. Ask in writing if it was not given.
  • Your own count of trees by species and age, structure dimensions, and area, photographed and dated.
  • Evidence of local prices — what a similar parcel nearby actually sold for, what a builder quotes for the same house, what a nursery charges for seedlings.
  • The copy of the inventory sheet you were given at enumeration. If you were not given one, say so — that itself is a problem worth recording.[2]

The three arguments that most often succeed

Depreciation was deducted from a structure. Under the standards it should not be — replacement cost is what it costs to build today.

A perennial was valued on one season's produce. A mature tree is worth establishment cost plus the years of income until a replacement bears.

An item was left out entirely — a latrine, a fence, a well, an improvement you paid for as a tenant, or the effect on the land you are keeping.

Doing it together

If the rate schedule itself is below what replacement actually costs, that affects every household in the area. A single settled claim fixes one file and leaves the defect in all the others, so a collective objection — through a community committee, with one set of local price evidence — is both stronger and cheaper than forty separate arguments.[4]

Ask meanwhile for the undisputed portion to be paid, in writing, on the basis that accepting it does not settle the rest.

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]Environmental & Social Issues Update — Office of the Compliance Advisor/Ombudsman (CAO), 2023.

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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The software behind this

SmartLARMS keeps the record this article describes

PAP register, replacement-cost valuations, entitlements, recorded payments reconciled against disbursement files, and grievances — every change attributed and time-stamped, so a completion audit is evidenced rather than reconstructed. Offline-first in the field.