The Law On Land Acquisition by Pang Kong Leng

The Law On Land Acquisition by Pang Kong Leng, Su Tiang Joo

The Federal Constitution ensures that “no person shall be deprived of property except in accordance with the law” and that “no law shall allow for the compulsory acquisition or use of property without fair compensation.” This protection is crucial for landowners to recognize, as it guarantees their rights and appropriate compensation if their property is acquired compulsorily. The Land Acquisition (Amendment) Act 2016, effective from 1 December 2017, was introduced to enhance Malaysia’s land acquisition processes. The amendments address, among other things, the acquisition of subterranean land, strata title properties, temporary land use under town and country planning laws, and compensation issues.

The Law on Land Acquisition explains the foundational legal principles of compulsory land acquisition in Malaysia, detailing procedural requirements under the recent amendments. The book also highlights significant judicial decisions, showing how the law in this area is evolving. Among its chapters, readers will find topics such as Enquiry Procedure, Compensation Payment, Principles for Assessing Compensation, Challenges to Land Acquisition, and Temporary Land Use.

Contents of The Law On Land Acquisition

Chapter 1: Introduction

Chapter 2: Preliminary Matters

Chapter 3: Application For Acquisition

Chapter 4: Commencement of Acquisition: Statutory Notices

Chapter 5: Enquiry

Chapter 6: Taking Possession of Land

Chapter 7: Payment of Compensation

Chapter 8: Extension To and Withdrawal From Acquisition

Chapter 9: Reference To Court

Chapter 10: Court Proceedings

Chapter 11: Principles for Determination of Compensation

Chapter 12: Apportionment

Chapter 13: Challenging A Land Acquisition Exercise

Chapter 14: Service of Notices

Chapter 15: Temporary Occupation or Use of Land

Chapter 16: Acquisition of Property Pursuant To Certain Other Specific Statutes

Practice Direction

Index

About the authors:

Su Tiang Joo is an advocate and solicitor of the High Court of Malaya with over 30 years of experience in civil litigation and dispute resolution, especially in land-related disputes. He has served as lead counsel in various prominent land acquisition cases, including those for highways such as LDP, Kerinchi Link, LEKAS, SILK, AKLEH, and the MRT project. Su has also contributed as the author for the Malaysian chapter in Litigation & Dispute Resolution – First Edition, published by Global Legal Group Ltd (UK) in 2012, and the Malaysian chapter in The Dispute Resolution Review – 6th Edition, published by Law Business Research Ltd (UK) in 2014. He previously held roles as Vice-Chairman of the Malaysian Bar's Special Areas and Law Reform Committee and as a board member of the Advocates & Solicitors Disciplinary Board.

Pang Kong Leng is also an advocate and solicitor of the High Court of Malaya. A graduate of the University of Malaya, he was admitted to the Bar in 1996 and has over 20 years of experience in corporate, commercial, and civil disputes. He authored the book Legal Guide to Civil Appeals Malaysia, published by CCH Asia Pte Ltd in 2005.

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