LAND ACQUISITION ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Acquisition. Preliminary Investigation

   3   Power to enter and survey

   4   Payment for damage

 

Declaration of Intended Acquisition

   5   Declaration that land is required for a public purpose

   6   Acquisition of land after declaration

   7   Land to be surveyed

   8   Power to value land and to negotiate for purchase by private treaty

   9   Notice to persons interested

   10   Power to require information

 

Enquiry in to Measurements, Value and Claims and Award by Commissioner

   11   Enquiry and award by Commissioner

   12   When award of Commissioner to be final

   l3   Power to summon and enforce attendance of witnesses, etc

   14   Determination of compensation

 

Taking Possession

   15   Taking possession in case of urgency

   16   Vesting of land in Her Majesty

 

PART III
Reference to Court and Procedure thereon

   17   Reference to Court

   18   Commissioner's statement to the Court

   19   Service of notice

   20   Appointment of Assessors

   21   Death, etc, of Assessor

   22   Restriction on scope of enquiry

   23   Proceedings to be in open Court

   24   Rules as to amount of compensation

   25   Record of Assessor's opinion

   26   Difference of opinion between Judge and Assessors

   27   Assessor's fees

   28   Awards to be in writing

   29   Costs

   30   Commissioner may be directed to pay interest on compensation

   31   Rules of Supreme Court applicable

   32   Appeal from decision of Court

 

PART IV
Apportionment of Compensation

   33   Determination of apportionment of compensation

   34   Costs of apportionment to be borne by persons interested

 

PART V
Payment

   35   Payment of compensation

   36   Payment of Interest

 

PART VI
Temporary, Occupation of Land

   37   Temporary occupation of land

   38   Power to enter and take possession of land

   39   Dispute as to condition of land

 

PART VII
Miscellaneous

   40   Service of notices

   41   Obstructing survey, etc

   42   Police to enforce surrender

   43   Government not bound to complete acquisition.

   44   Acquisition of part of building

   45   Payment of Commissioner's charges by Parish Council and KSAC

   46   Exemption from stamp duty, etc

   47   Bar of suits to set aside awards

   48   Regulations

   49   Penalties

 

THE LAND ACQUISITION ACT

[Date of Commencement: 22nd May, 1947]

Cap 204.

Law 48 of 1955.

Acts
3 of 1968,
42 of 1969,
32 of 1976.

PART I
Preliminary

1   Short title

   This Act may be cited as the Land Acquisition Act.

2   Interpretation

   In this Act

   "Commissioner" means the Commissioner of Lands;

   "Court" means the Supreme Court;

   "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

   "person interested" includes every person claiming an interest in compensation to be made on account of the acquisition or occupation of land under this Act but does hot include a tenant by the month or at will.

PART II
Acquisition Preliminary Investigation

3   Power to enter and survey

   (1) Whenever it appears to the Minister that land in any locality is likely to be needed for any public purpose, a notification to that effect shall be published in the Gazette and a copy thereof served upon the owner of such land and the Commissioner shall cause public notice of the substance of such notification to be given at convenient places in such locality, and thereupon any officer either generally or specially authorised by the Minister in this behalf and his servants and workmen may-

   (a)    enter upon and survey and take levels of any land in such locality;

   (b)    dig or bore into the sub-soil;

   (c)    do all other acts necessary to ascertain whether the land is adapted for the purpose for which it is required;

   (d)    set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon;

   (e)    mark such levels, boundaries and line by placing marks and cutting trenches; and

cut down and clear away any standing crop, fence, bush or woodland, where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work marked.

   (2) No person shall enter into any building or upon any enclosed yard, Court or garden attached to a dwellinghouse unless with the consent of the occupier thereof, without previously giving such occupier at least seven days' notice in writing of his intention so to do.

4   Payment for damage

   So soon as conveniently may be after any entry made under section 3 the officer so authorised as aforesaid shall pay for all damage done and, in case of dispute as to the amount to be paid for such damage, he shall at once refer the dispute to the Commissioner whose decision shall be final subject to an appeal to the Minister.

Declaration of Intended Acquisition

5   Declaration at land is required for a public purpose

   (1) Whenever it appears to the Minister that any particular land is needed for a public purpose a declaration shall be made to that effect under his signature.

   (2) No such declaration shall be made unless the compensation to be awarded for such land is to be paid out of-

[3/1968 s 2.]

   (a)    the Consolidated Fund or loan funds of the Government;

   (b)    the funds of any Parish Council or of the Kingston and St. Andrew Corporation or of the National Water Commission.

[17/1968 s 16(2).]

or partly out of funds arising from any of the sources mentioned in paragraphs (a) and (b).

   (3) Every declaration shall be published in the Gazette and shall state-

   (a)    the parish in which the land is situated;

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   (b)    the particular purpose for which it is needed;

   (c)    its approximate area and all other particulars necessary for identifying it; and

   (d)    if a plan has been made of the land, the place where and the time at which such plan may be inspected.

   (4) Any such declaration shall be conclusive evidence that the land is needed for a public purpose.

   (5) For the purpose of this section compensation which is to be paid by the issue of land bonds in accordance with the provisions of the Land Bonds Act, shall be deemed to be compensation which is to be paid out of loan funds of the Government of this Island.

[48/1955 s 15(a).]

6   Acquisition of land after declaration

   Whenever any land has been so declared to be needed for a public purpose the Minister shall direct the Commissioner to take proceedings for the acquisition of the land.

7   Land to be surveyed

   The Commissioner shall thereupon cause the land, unless such land has already been marked out under section 3, to be surveyed, and a plan thereof made, if no plan exists.

8   Power to value land and to negotiate for purchase by private treaty

   (1) The Commissioner shall then cause the land to be valued and shall enter into negotiations for the purchase, by private treaty, of the land.

   (2) It shall not be necessary for the Commissioner to await the publication of the declaration under section 5 before entering into negotiations for the purchase of the land by private treaty.

   (3) An agreement by private treaty shall not be deemed to be concluded until it has received the approval of the Minister.

   (4) Nothing in this section shall be deemed to prohibit or delay the procedure provided by this Act for compulsory acquisition of land.

9   Notice to persons interested

   (1) Where no agreement by private treaty for the purchase of any land in respect whereof a declaration under section 5 has been made is arrived at within such time as the Commissioner may consider reasonable (whether because the owner of such land cannot after reasonable enquiry be found, or otherwise) the Commissioner shall cause notices to be posted at convenient places on or near the land to be acquired stating that claims to compensation for all interests therein may be made to him.

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