[GA—IN QUEUE] Convention On Expropriation

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Convention on Expropriation
Category: Civil Rights | Strength: Significant
Proposed by: Ostrovskiy, Co-authors: Aivintis, Simone Republic | Onsite Topic

The World Assembly,

Recognizing that states throughout the multiverse engage in the seizure of covered property for the benefit of the public or the provision of social services, often as a necessity for the greater good of the people,

Affirming the right to not be arbitrarily deprived of covered property as a human right which nations should protect through reasonable legal measures,

Understanding that certain states have taken to the practice of eminent domain, whereby adequate compensation is provided for the expropriation of covered property,

Seeking to ensure that no unfair or unjust expropriation of property violate the rights of the citizens while empowering states to participate in fair and just practices of eminent domain,

Hereby, subject to past WA legislation still in force,
  1. Defines, for the purposes of this resolution:
    • covered property" as all property which is either not used to create wealth or only used to create wealth by the owner of the property themselves,
    • "expropriation” as the act of a government of legally transferring covered property from an individual to the state regardless of the permission of its owner,
    • "indirect expropriation” as the act of a government restricting an individual’s covered property rights to such an extent that it has de facto expropriated the property,
  2. Reiterates that this resolution is meant to protect merely covered property and no other types of property, while nonetheless not prohibiting any future restrictions on the protection of other property, and that nothing in this resolution should be otherwise read,
  3. Exempts from this resolution cases where:
    • expropriation is performed on property demonstrably being used for a crime or on property the ownership of which is illegal in itself, such expropriation is necessary for public safety, and the expropriation was ordered, as part of a criminal sentence, by a court, or
    • expropriation is done on a national scale to every example of a piece of property, such as but not limited to ownership of land,
  4. Prohibits:
    • indirect expropriation in all member states,
    • expropriation which unfairly targets individuals based on their immutable characteristics, religion, or social class,
  5. Requires that expropriation be done for public use, and for any property gained through expropriation to be the property of the state, not a private individual or entity,
  6. Directs member states to attempt in good faith to utilize already owned property for the task or project before expropriating the covered property of individuals,
  7. Mandates adequate compensation so that:
    • in the case of covered property which serves as the sole housing of one or more occupants, the owner(s) of expropriated property may promptly replace their lost property to a similar or higher quality and general nature, and ensure the continued stable living condition of the occupants,
    • in all other cases, compensation is matched to, or greater than, market prices according to prevailing economic trends and adjusted for inflation, as a fair measure of the covered property’s value.


Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in your vote.

Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

ForAgainstAbstainPresent
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For, although I did not actually participate in the drafting of this version (I released my draft for the other authors to edit as they please)
 
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