Taliban’s New Land Law Raises Fears of Fresh Wave of Seizures

The Taliban administration has published a new law entitled “The Sale and Distribution of Emiri Land Plots and Building Permits” in 38 articles across six chapters in the official gazette. According to this law, the administration can confiscate lands and housing estates it deems “Emiri” and then resell them to previous residents and owners.

The Taliban’s Ministry of Justice announced the publication of this law on Tuesday, 12 May, stating its aim is to regulate the distribution, sale, and ownership of government lands for residential and commercial purposes. However, an examination of the law’s provisions reveals it enables the cancellation of prior ownership claims and re-establishes land rights under the Taliban administration.

According to Articles 7 and 8, the Taliban administration can identify and confirm ownership of lands it claims as “Emiri lands,” even if these lands have previously been developed into housing estates. This provision can include areas where residents have lived for years.

Article 11 imposes strict conditions to maintain ownership. It states that if an individual does not take possession of the land within six months after receiving the land deed or fails to pay for commercial property within three months, their ownership rights will be revoked. Furthermore, if the buyer does not commence construction work within three years, the land will be reclaimed by the Taliban administration and the contract cancelled.

The law also specifies that each individual in reclaimed estates may only own up to four residential land plots. If ownership exceeds this limit, the Taliban administration reserves the right to seize the additional lands. Such restrictions could result in the annulment of prior ownerships and loss of property for residents.

According to Articles 4 and 5, land pricing is determined solely by a decree issued by the Taliban administration, with residents having no role in setting or influencing the price. This has raised concerns about transparency and fairness in the sales process.

Following its return to power in Afghanistan, the Taliban established a commission to prevent land grabbing and recover usurped lands. Nonetheless, reports indicate that thousands of acres across various regions have been confiscated and registered as “Emiri lands.” This process has now been formalized and given a legal framework through the new law.