A Comparative study on the legal regulation expropriation of land owned by citizens of Mongolia

Yadamdorj Unurbayan

Corresponding Author: Yadamdorj Unurbayan

Law School of the National University of Mongolia

Digital Object Identifier: 

https://doi.org/10.53468/mifyr.2023.03.04.16

Abstract – This study aimed to examine the legal regulation of land expropriation involving land owned by citizens of Mongolia and to identify inconsistencies and shortcomings in the current legislative framework. Land ownership is a constitutionally protected right in Mongolia. However, conflicts between the Constitution, on allocation of land to Mongolian citizens for ownership, the Land Law, and the Civil Law create legal uncertainty in land acquisition processes. The study was conducted using a qualitative legal research methodology, including doctrinal analysis, comparative legal analysis, and a review of relevant policy documents and judicial practices. A total of statutory provisions, legal principles, and selected comparative examples from foreign jurisdictions were analyzed to evaluate the effectiveness and coherence of existing regulations. The results showed that ambiguities in legal terminology, lack of harmonization among laws, and insufficient procedural safeguards negatively affect the protection of landowners’ rights during expropriation for public needs. In particular, issues related to compensation standards, decision-making authority, and procedural transparency were identified as major weaknesses. These findings indicate that comprehensive legislative reform is required to align national laws with constitutional principles, ensure fair compensation, and strengthen legal certainty for landowners. The study concludes that improving the legal framework for land expropriation will contribute to sustainable urban development, enhance public trust in state institutions, and provide clearer guidance for policymakers and legal practitioners in Mongolia.

Keywords – Land acquisition, compensation, social necessity, cost of land acquisition

Article History: Received 13 November 2023, Received in revised form 29 November 2023, Accepted 30 December 2023