Alienated Land

Relevant Provisions of the Land Code Pertaining To Land Acquisition of Alienated Land

Section 47

It is a public notice that the land may be required for a public purpose. It authorises government officers to carry out survey and investigation on the land to ascertain whether the land is suitable for public purposes. It also fixes the date of valuation.

Section 48
It is a public notice that the land will be compulsorily acquired for a public purpose, usually but not necessarily following a Section 47 notice. If there was no Section 47, the date of Section 48 notice is the date of valuation. It also empowers government officers to enter the land for survey and investigation.

Section 49
It is a notice to the landowner and other persons who have an interest in the land to appear before the Superintendent to present their claims and objection at the Inquiry fixed by him. Inquiry is held not less than 21 days from the date of the notice issued to the landowner or any persons who have registered interest in the landed property.

Section 53 (2)
It is a direction of the Minister in cases of urgency when the Superintendent may take possession of the land on the expiration of 15 days of service of Section 49 notice even though no award has been made provided that the land is vacant.

Section 56
Any persons dissatisfied with the award may on written application to the Superintendent require the matter be referred to the High Court for determination. The application shall state the grounds on which objection to the award is taken. The application must be made within 6 weeks of the date of the award.

Section 60
It specifies the matters to be considered in determining the amount of compensation to be awarded for land compensation such as date of valuation, severance, injurious affection, incidental cost due to change of residence or place of business and improvement with prior consent of the Superintendent.

Section 61
It states the matters to be disregarded in determining compensation. They are:-

The degree of urgency which has led to the resumption.
Any disinclination of the person interested to part with the land resumed.
Any damage caused after Section 48 by or in consequence of the use to which it will be put.
Any increase in value of the land resumed likely to accrue from the use to which it will be put when resumed.
Any outlay on additions or improvements to the land unless necessary for the maintenance of any building in a proper state of repair.
Any improvement made without the prior consent of the Superintendent after the Section 47/48 notice.