LANDS ACQUISITION AND COMPENSATION

CHAPTER 58:04
LANDS ACQUISITION AND COMPENSATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ACQUISITION

    3.    Power to acquire land

    3A.    Acquisition of customary land by a private developer

    4.    Preliminary investigation

    5.    Notice of intention to acquire

    6.    Notice to yield up, and power to take, possession

    7.    Service of notices, etc.

    8.    Acquisition of portion of house or other building

PART IIA
COMPENSATION

    9.    Compensation

    10.    Assessment of compensation

    10A.    Matters to be taken into consideration in assessing compensation for alienated land

    11.    Effect of payment of compensation

PART III
REVERSION

    12.    Reversion to the Government

    13.–14.    

PART IV
MISCELLANEOUS

    15.    Minister may withdraw from acquisition

    16.    Service of notice not an admission

    17.    Penalty for hindering or obstructing

    18.    Regulations

21 of 1970
5 of 1971
9 of 2017
14 of 2022
G.N.63/2017
28/2022

    An Act to provide for the acquisition of land and compensation; and for incident matters

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Lands Acquisition and Compensation Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “court” means a court of competent jurisdiction;

    “customary estate” has the meaning assigned thereto in the Customary Land Act;

    “customary land” has the meaning assigned thereto in the Land Act;

    “injurious affection” means the reduction in the market value of a remaining piece of land caused by the acquisition of land, or by the construction of works on the acquired land, or use of the acquired land for construction works;

    “land” has the meaning as ascribed to that term under section 2 of the Land Act;

    “private developer” means any person, organization or body corporate other than a Government entity;

    “public land” has the meaning ascribed to that term by the Land Act;

    “severance” means the act of severing a piece of land from a larger tract of land, resulting in the loss of market value of the severed land; and

    “transfer” includes convey, assign, surrender or otherwise alienate or dispose of and “transfer” and “transferor” as nouns shall be correspondingly construed.

PART II
ACQUISITION

3.    Power to acquire land

    Subject to the provisions of this Act, the Minister may acquire land for public utility either compulsorily or by agreement, and pay compensation therefor as may be agreed or determined under this Act.

3A.    Acquisition of customary land by a private developer

    Subject to any written law, where a private developer acquires customary land or a customary estate, the private developer shall—

    (a)    pay compensation, to be assessed by a valuer appointed by the Minister; and

    (b)    pay the costs of the valuer.

4.    Preliminary investigation

    (1) Where there is need to acquire land under this Act for public utility, it shall be lawful for any person authorized by the Minister under section 3 in that behalf, and for his servants and agents to—

    (a)    enter upon any land in question or any land in the vicinity thereof and survey and take levels;

    (b)    dig or bore under the subsoil;

    (c)    do all other acts necessary to ascertain whether the land is or may be suitable; or

    (d)    clear, set out and mark the boundaries of the land proposed to be acquired and the intended line of work, if any, proposed to be done on it.

    (2) Any entry upon land under this section shall be preceded by a notice of not less than seven days to the occupier.

    (3) The Minister shall pay for any damage done by persons entering any land pursuant to this section.

5.    Notice of intention to acquire

    (1) If the Minister resolves that it is desirable or expedient compulsorily to acquire any land under this Act, he shall serve notice upon the persons who are possessed of an interest in the land or upon such of those persons as are after reasonable enquiry known to him.

    (2) Every notice under this section shall with all reasonable dispatch be published in the Gazette.

    (3) Every notice under this section shall invite any person claiming to be entitled to any interest in the land to which the notice relates to submit particulars of his claim to the Minister within two months of the date of the publication of such notice in the Gazette.

6.    Notice to yield up, and power to take, possession

    (1) The Minister may by notice under section 5 direct the persons upon whom such notice is required to be served by that section, or may by any subsequent notice direct such persons, and any other persons believed by him to be in possession of the land to…