INTRODUCTION
Expropriation refers to either the direct acquisition by an act
of a state, or the indirect appropriation of foreign investment
through interference with the host state incentives that, an
entity, as an investor may be entitled to. Such conduct could give
rise to an actionable claim against the host state by a foreign
investor, if there is a valid and subsisting Bilateral Investment
Treaty ("BIT") or Bilateral Investment
Protection Agreement ("BIPA") between
the host State and the foreign investor's state of
nationality.
LEGISLATIVE AUTHORITY OF THE STATE TO EXPROPRIATE
There have been several laws enacted by the government to
acquire land from private individuals. Significant among those is
the Land Acquisition Act of 1894 ("LAQ Act
1894"). The lack of adequate safeguards in favour of
the landowner led to the enactment of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 ("LARR
Act")
