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Home owners stare at Sh16bn losses
a4architect.com
#51 Posted : Wednesday, March 19, 2014 3:57:15 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@jamani, there is a difference between simple land disputes and land issues that affect national economies. The thika road nakumatt land issue is very minor and has no impact on the economy. The syokimau land was 4000 acres and kevivapi land is 148 acres. The nakumatt land was at most 1 acre.
You still have not gotten my logic. My issue is not about small minor land disputes but huge land masses close to the city that dont fall within the compulsory land acquisition bracket. Lands along roads etc should be compulsorily acquired for national good.
As Iron Sharpens Iron, So one Man Sharpens Another.
alma
#52 Posted : Wednesday, March 19, 2014 3:57:46 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
a4 stop skirting questions mentioning other matters that are not relevant here. The issue of optimum use of land doesn't arise here. That's a case study to be found in a Land Economics Phd thesis.

The issue here is simple.

Was this property acquired legally or illegally?

Does it mean that if I leave my property for 1 year and take a trip to shina, you and your team of "professionals" will take it and start claiming that I wasn't doing anything with it?

Then sell it to other get rich quick investors with the dream of making 30% profits per year from "appreciation of property value".

Do you usually advice your clients to buy property which if a decent and full search will reveal illegal activity?

If I go to buy a cow that was stolen from a neighbour, can I start telling the police that its mine since I bought it and it even gave me milk for 1 month?

Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
Jamani
#53 Posted : Wednesday, March 19, 2014 4:03:30 PM
Rank: Elder

Joined: 9/12/2006
Posts: 1,554
a4architect.com wrote:
@jamani , i suggest jkia be moved to around daystar area, in the portland cement 14,000 acre land opposite daystar.

Other international airports moved around the world are as below

Denver airport, 5th busiest in the world.

http://en.wikipedia.org/...r_International_Airport

The airport is 25 miles (40 km) driving distance from downtown Denver,[28] which is 19 miles (31 km) further away than Stapleton International Airport, the airport it replaced. The distant location was chosen to avoid aircraft noise affecting developed areas, to accommodate a generous runway layout that would not be compromised by winter storms, and to allow for future expansion. The 35,000 acres (55 sq mi; 140 km2)[29] of land occupied by the airport is nearly twice the land area of Manhattan. The land was transferred from Adams County to Denver after a 1989 vote,[30] increasing the city's size by 50 percent. However, much of the city of Aurora is actually closer to the airport than the developed portions of Denver, and all freeway traffic accessing the airport from central Denver passes through Aurora.

Tacloban city airport in the Philippines

http://newsinfo.inquirer...rt-moved-to-safer-place



Athens international airport in Greece

http://en.wikipedia.org/...s_International_Airport

Oslo airport

http://en.wikipedia.org/...i/Oslo_Airport,_Fornebu


I hope now you can rest your case.


You are just making me not rest my case, none of the airports moved because someone had encrouched. Look at the reasons for moving those airports none is affecting JKIA, we dont have snow, we have enough land infact a second runaway and terminal can be constructed without issue.
Mtito was very far i guess you saw sense and now have moved your thoughts to daystar. But i still insist there are no issues with where JKIA is the issue is encrouchment which you seem to support fully.
a4architect.com
#54 Posted : Wednesday, March 19, 2014 4:06:38 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
alma wrote:
I agree that it makes bad economic sense to destroy such beautiful houses. A lot of money would be lost.

BUT

The issue is not the economy here. The issue is illegality.

The people who bought these properties bought them ILLEGALLY. They are part of the problem.

A country where everyone looks the other way even when they can suspect that something is wrong. After all, they will have "professionals" like ak supporting their ILLEGALITY.

If you buy land in Kenya you should do a thorough search. 90% of Kenyan land buyers depend on people like AK and lawyers to do the right thing. I guess you can now see what the "professionals" think.

When "professionals" go around supporting illegality you wonder if ethics was ever taught in school.

The owners of these illegal properties have a way forward. Sue everyone who's involved. Thats the decent thing to do.

BUT

They won't.

They will ask Sonko to tell parliament to support their ILLEGAL occupation of land.

So NO. I feel nothing for them. They should be demolished. Just as the syokimau ones.

I'm 100% sure that the owners of syokimau land will never buy land based on the approval of architects like a4.


@alma, my issue is only within architectural/planning spheres.For legality issues, am not an expert on this.
Are these lands prime and ready for development?
If they are, government should then lay down the legal process for the lands to move from whichever govt owner to the developers.

Am not an expert in legal issues so i cant comment on the legality of this. My arguments are within architectural/planning issues on whether the lands are being utilised well or not. The kevivapi land is simply not being utilised well if used as agricultural.

The legal process of transfer of lands from Government to the private sector is best understood by a property lawyer, not an architect.

If the transfer was illegal, then so be it. Even if illegal, fact remains that the lands were being utilised badly as agricultural and the developments are better land use.
As Iron Sharpens Iron, So one Man Sharpens Another.
alma
#55 Posted : Wednesday, March 19, 2014 4:15:18 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
The economy of land depends 100% on a working legal system.

The fact is it is land issues that started the whole clamour for laws to protect the poor and the very wealthy.

So when a country such as ours goes ahead and starts dismantling land laws, then the value of the land will diminish over time. If a buyer cannot be assured of true ownership, then why buy land.

That is the reason land law must be followed to the letter. Especially in a country where land has caused a few skirmishes.

So the issue here is not planning, the issue here is law.

If the gov't has been perpetrating illegal moves and even using NSSF to fulfil such illegality, then we have a problem.

You can plan all the good houses you want. but the moment investors start losing heart in the value or validity of a title deed, you can forget your grand plans.

This probably the reason why Kenyans just love ponzi schemes. They can't trust the professionals in land matters.

If the land was acquired illegally, it should be taken back. And it will be taken back if this gov't has a spine.

The owners of such properties can then sue, the city council, the developers, the valuers, the banks, the architects et al for perpetrating a fraud.

If they follow that route, they will make more money than the percieved appreciation of property values.

So I would like to keep this issue clean. No meandering with issues of proper land use. Its an issue of Kenyans trusting a title deed anymore.

Now to answer your question. How would the original owners utilise this land the way you want them to, if they find that their land has already been stolen from them?

What makes you think they would not have built the same houses? Don't behave like the car thief who steals a car because he can drive the car better than the owner.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
jamplu
#56 Posted : Wednesday, March 19, 2014 4:23:47 PM
Rank: Veteran

Joined: 3/25/2010
Posts: 939
Location: Nai
Jamani wrote:
a4architect.com wrote:
@jamani , i suggest jkia be moved to around daystar area, in the portland cement 14,000 acre land opposite daystar.

Other international airports moved around the world are as below

Denver airport, 5th busiest in the world.

http://en.wikipedia.org/...r_International_Airport

The airport is 25 miles (40 km) driving distance from downtown Denver,[28] which is 19 miles (31 km) further away than Stapleton International Airport, the airport it replaced. The distant location was chosen to avoid aircraft noise affecting developed areas, to accommodate a generous runway layout that would not be compromised by winter storms, and to allow for future expansion. The 35,000 acres (55 sq mi; 140 km2)[29] of land occupied by the airport is nearly twice the land area of Manhattan. The land was transferred from Adams County to Denver after a 1989 vote,[30] increasing the city's size by 50 percent. However, much of the city of Aurora is actually closer to the airport than the developed portions of Denver, and all freeway traffic accessing the airport from central Denver passes through Aurora.

Tacloban city airport in the Philippines

http://newsinfo.inquirer...rt-moved-to-safer-place



Athens international airport in Greece

http://en.wikipedia.org/...s_International_Airport

Oslo airport

http://en.wikipedia.org/...i/Oslo_Airport,_Fornebu


I hope now you can rest your case.


You are just making me not rest my case, none of the airports moved because someone had encrouched. Look at the reasons for moving those airports none is affecting JKIA, we dont have snow, we have enough land infact a second runaway and terminal can be constructed without issue.
Mtito was very far i guess you saw sense and now have moved your thoughts to daystar. But i still insist there are no issues with where JKIA is the issue is encrouchment which you seem to support fully.


@jamani look at the layout of greenfield and the proposed second runway then you tell me what might happen if security concerns raised recently in relation to wilson and surrounding estates are raised @JKIA
alma
#57 Posted : Wednesday, March 19, 2014 4:36:07 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
Let us not confuse everyone here by trying to mix issues.

If the gov't wants to increase the size of a road or increase the length of a runway, that falls under compulsory acquisition. The owner of the land must also agree to such acquisition (check the case of the guy at the bomas highway).

Syokimau and this winners chapel is different.

Someone stole land from someone. Then sold it to someone who was just a bad investor. The bad investor is actually handling stolen property.

Should the bad investor pay for his bad business choices? Yes. He shouldn't bring the issue of his loses to us as he will never bring the issue of his profits to us either.

So yes, burn down those houses.

For the bad investor, this investment is already rotten.

If last week they were sitting on property values of ksh. 18m, those values have dropped significantly even if the houses still stand.

Why?

Because only a dumb fool would go buy those houses knowing that the original title owner is not happy and may come for his property next week, next year, 20yrs after jubilee. But he's coming.

The banks which signed off on these mortgages would never sign of to a second mortgage or use those properties as collateral unless someone wants to be fired.

So what they are sitting on right now is a space sorrounded by stones covered in marble. Not a property and it is losing value every day. They can continue with their habits of bad investing or they can take my advice.

Organise and sue the hell out of everyone involved in this project. And I mean everyone, even the cobbler next door. Only then will they get their values back.

That 16billion being thrown around here is sitting in the pockets of the architects, lawyers, valuers, bankers, developers etc who sold them the land.

They should and can get it back. Not behave like the syokimau fellows who accepted and moved on.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
a4architect.com
#58 Posted : Wednesday, March 19, 2014 4:37:58 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@jamani, the point is airports do get moved and have been moved before, for various reasons. JKIA is no exception and according to me, is ripe for moving, based on the recent conflict/friction between it and syokimau.

@alma,kenyans have no choice but use professionals in all fields. The only way not to make a mistake in any field you dont understand is to hire someone who understands it more than you. No one has ever made right decisions without utilising knowledge from those who know more than them. If you believe you are an expert in which ever field, feel free to go ahead and use your knowledge to make maximum profit.

If kevivapi wants to put up high rise structures for offices and residential, then i have no objection. Last time i checked, kevevapi is only permitted to deal with vaccines so i doubt if they will want to delve in real estate. In kenya though, we saw ministry of information dealing in real estate at Konza and we have all seen where it has reached.

Even though am not an expert in land conveyancing matters, the issue as to whether nssf , a government agency could steal land from kevivapi, another government agency , is like the left arm stealing from the right arm. To me, both represent kenya government and therefore, incapable of stealing from each other.

As Iron Sharpens Iron, So one Man Sharpens Another.
a4architect.com
#59 Posted : Wednesday, March 19, 2014 4:47:02 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@alma, when the 16 billion is sitting in the pockets of architects, lawyers, valuers etc , there is nothing wrong with it since this is how an economy is created. This means jobs and opportunities have been created for many people. Of course, i would also like to be amongst them but since i cant, i will not feel jealous about it or wish them bad. Its all for the good of the country. NSSF, a govt agency, bought the land from kevevapi, a govt agency. If there was an illegality, then nssf is to blame, not the developers. Am sure if you go to ministry of lands and carry out a search, it will show a clean title withhistory showing land sale from kevevapi to nssf to the developer. How would you expect any kenyan to determine fraud when papers show a clean trail? Its not our business to know how govt transacts its nitty gritty between its agencies.
As Iron Sharpens Iron, So one Man Sharpens Another.
alma
#60 Posted : Wednesday, March 19, 2014 4:47:14 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
oh a4 be honest for once in this issue.

Of course you know what happened. Wink Wink

1. Someone was illegally "allocated" land belonging to kevivapi.
2. The said someone quickly "sold" it to nssf
3. nssf "sold" it (don't be surprised to find at a loss) to another
4. The process goes on until the developer.
5. As all this is going at lands office the original deed is slowly "replaced" by another.
6. Adverts are taken out on some wonderful houses that will appreciate 30% per year.
7. The dumb investor buys

Unfortunately he was buying property on a monopoly board.

So this story you are trying to push of gov't stealing from gov't is another red herring you are trying to throw our way.

The interesting thing is that these professionals you are boasting about were the main thugs in this whole thing.

The architects, the land economists, the valuers, the property managers, the engineers, the developers were all probably "professional" students at the department of architecture design and development at the university of nairobi. otherwise called ADD.



Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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