https://www.fao.org/faolex/results/details/en/c/LEX-FAOC002771

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English

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LEX-FAOC002771

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This Act concerns the acquisition of land for public purposes. The Act (46 sections, 1 Schedule) is divided into 9 Parts: Preliminary (I), Acquisition of land (II), Procedure for compulsory acquisition of land (III), Claims for assessment and payment of compensation (V), Compensation for agricultural land required for resettlement purposes Va), Derelict Land Board (VI), Provisions relating to derelict land (VII), Special provisions relating to the Administrative Court (VIII), General (IX). Part IV is repealed.The Act empowers the President or other authorities to acquire land and other immovable property compulsorily where it is reasonably necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or for a utilization that is beneficial to the public generally (sect. 3(a)). Rural land may be compulsorily acquired for settlement for agricultural purposes; for purposes of land reorganization, forestry, environmental conservation, or the utilization of wild life or other natural resources; for the relocation of persons dispossessed in consequence of the utilization of acquired rural land (sect. 3(b)). The acquisition does not include any minerals which are the subject of rights or any other rights. The Minister may designate any area or piece of rural land as land that will be acquired in terms of the Act (sect. 12), after which the land shall be acquired by the acquiring authority. An acquiring authority is under the duty to pay 'fair compensation'.The Act establishes the Derelict Land Board, responsible for determining land as derelict land. No compensation shall be paid in respect of any land declared to be derelict.The Schedule contains principles regarding assessment of compensation for designated rural land.

Implemented by: Land Acquisition (Disposal of Rural Land) Regulations, 1999 (S.I. No. 287 of 1999). (1999)
Implemented by: Administrative Court (Land Acquisition) Rules 1998. (2005)
Amended by: Acquisition of Farm Equipment or Material Act (Act No. 7 of 2004). (2004)

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