The Owner shall not acquire land or building assets through eminent domain, compulsory acquisition, resumption, expropriation, or other involuntary displacement

Scope

The Owner shall ensure that the specific land or building asset acquisition for the project does not involve any form of involuntary displacement, including eminent domain, compulsory acquisition, resumption, expropriation, or other similar methods. This scope is confined to the acquisition processes and practices of the Owner for the specific land or building asset and not acquisitions outside of the project's context.

Requirements

Act to Avoid Harm

01.

Owner shall ensure no acquisitions of land or building assets occur through eminent domain, compulsory acquisition, resumption, expropriation, or other involuntary displacement.
02.
If the project is in an area with a historical precedent for compulsory acquisition, resumption, eminent domain, or expropriation, Owner shall verify that its site was not subject to any of the above⁹⁷.
This means that^?:
1. a.
  The right to own or operate on the land is not contested by local communities or Indigenous peoples who either have documented claims or whose use of the land has historical precedent.
2. b.
  Projects on land used by or adjoining to communities are subject to those communities' free, prior, and informed consent.

Indicators

The performance indicator is the percentage of area acquired without involuntary displacement. The context indicator is the total area acquired without involuntary displacement within the project.

To calculate the performance indicator:

Determine total area of building or site that meets the requirements.
Determine total area of buildings or sites within the project.

This is expressed mathematically as:

P = (Total area acquired without involuntary displacement / total area of buildings + sites within project) x 100

Scoring

Points assignment

Points	Points assignment
REQUIREMENT SATISFIED	if P = 100%

Documentation

01.

List of financial, human, and material resources utilized for this activity.
02.

Legal agreements or contracts detailing the voluntary terms and conditions of the land or building asset acquisition, mutually agreed upon by all parties involved.
03.

Comprehensive reports that detail the investigations carried out before the acquisition, highlighting potential issues related to involuntary displacement and resolutions.
04.

Documentation of meetings, communications, or consultations with previous owners, occupants, or other relevant impacted parties. These records should demonstrate that the acquisition process was transparent, inclusive, and consensual.
05.

If any compensation was provided to previous owners or occupants, detailed records of the compensation agreements, amounts, and payment receipts should be maintained.
06.

No-objection Certificates or Letters of Consent obtained from previous owners or occupants, indicating their voluntary agreement to the acquisition terms and conditions (if applicable).
07.

Any necessary permits, licenses, or approvals from local government or regulatory bodies that validate the acquisition process.

Guidance

Additional Resources

World Bank's Operational Policy on Involuntary Resettlement - provides guidelines on how to address the issues of involuntary displacement and resettlement. It emphasizes avoiding or minimizing displacement where possible and ensuring that displaced people receive assistance to improve or at least restore their livelihoods and living standards.
International Finance Corporation's (IFC) Performance Standard 5 on Land Acquisition and Involuntary Resettlement - provides guidance on avoiding or minimizing displacement and ensuring that the livelihoods of displaced people are improved or restored. It also emphasizes the importance of meaningful consultation with affected communities.
Asian Development Bank's (ADB) Safeguard Policy Statement - provides a framework to avoid, minimize, and mitigate adverse project impacts on the environment and affected people. It includes specific requirements related to involuntary resettlement.
United Nations' Basic Principles and Guidelines on Development-based Evictions and Displacement - provides practical guidance to States on how to ensure respect for human rights when carrying out development-based evictions.
Guidance Note on Land and Natural Resource Tenure for the UN System - provides guidance on land and natural resource tenure as it relates to the realization of human rights, peace and security, and sustainable development.

Referenced Source

Universal Declaration of Human Rights (1948)