In uganda, land continues to be a critical factor, as it is the most essential pillar of human. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. Purchaser may require registered title under this act. Land acquisition and resettlement framework petroleum authority. Due to the passage of time some aspects of the law relating to compulsory acquisition of land have become outdated and unconstitutional especially in light of article 26 2 and 2372a of. The law on compulsory land acquisition in uganda is well. Uganda supreme court reasserts constitutional right to protection.
The minister may, by statutory instrument, make a declaration to the effect that specified land is required by the government for a public purpose. Therefore this brief highlights the defects in the land acquisition act of uganda as a cause of the present land acquisition conflicts and goes ahead to propose a new law that protects the right of the people while government is exercising its power to acquire land for public purpose. Review of the land acquisition act workshop jan 20 ministry of. Uganda land acquisition act 1965 magistrate social. As it is often the poor who suffer most from the compulsory acquisition of land, chapter 6 shows how assistance can be provided to people so they can safeguard their rights.
Compulsory acquisition of land and compensation 3 1. Land acquisition act uganda legal information institute. Subject to article 237 of the constitution, all land in uganda shall vest in the citizens of uganda and shall be owned in accordance with the land tenure systems that include. Investigations for selecting land for public purpose. An act to make provision for the compulsory acquisition of land for. The land act an act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters. Act 1 land amendment act 2010 3d where the board has not determined the annual nominal ground rent payable by. The current land tenure reforms particularly the land act of 1998 and its 2010 amendments that depict a protenant measure to enhance the security of occupancy of lawful.
The current law on compulsory acquisition of land is contained in the land acquisition act, chapter 226 of the laws of uganda. It does not particularly provide a critique on each of the land law legislations neither does it particularly focus on case law principles on the same, a. Guidelines for compensation assessment under land acquisition. The land amendment act 2004 an act to amend subsection 6 of section 98 of the land act, 1998 to extend. Land acquisition hurdles await oil pipeline project. Restrictions on transfer of land by family members. Authorised by the act parliamentary counselalso accessible at. The principle of equitability provided for in uganda law should guide the. The constitution being the supreme law of the land overrides the land acquisition act and because of this, the supreme court in uganda national roads. The railway corridor gazetted as required by land acquisition act.
This paper addresses the present composition of land laws in uganda and the need for reform. Iiprocedure for compulsory acquisition of land preliminaries to acquisition. Scribd is the worlds largest social reading and publishing site. Since the advent of colonialism, the country has never had a comprehensive land policy. Act which still has the force of law10 together with the constitution regulates. Unfortunately, because people dont follow right channels, they have made land.
Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. All you wanted to know about new land acquisition bill. Land acquisition act cap 226 is unconstitutional in so far as it provided for the compulsory acquisition of property before the payment of. Land acquisition is the process by which the government acquires private property for public purpose. It also includes any commencement, amendment, repeal or expiry affecting. Land acquisition in india refers to the process by which the union or a state government in india acquires private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement land acquisition in india is governed by many actslaws such. Handbook on land ownership, rights, interests and acquisition in uganda. Registration of title3 3 registraiion of lund with doubtul title 47. The land acquisition act 1965 was created to say the government can acquire land which it needs, when an owner does not want to give it or. Process of buying land in uganda procedures for easy purchase land buying in uganda is properly handled is the most simple way to ones property ownership or disposal dream. Till 20, land acquisition in india was governed by land acquisition act of 1894.
To clarify the power of compulsory acquisition, the constitution, the land act and the. Land acquisition act 1965 uganda legal information institute. An act to amend the land act to enhance the security of occupancy of lawful and bona fide occupants on registered land in accordance with article 237 of the constitution, and for related matters. Uganda land acquisition act 1965 free download as word doc. This act sets out the procedures for the acquisition of land by the state for public purposes.
Note the naming and commencement provisions automatically commence on the notification day see legislation act, s 75 1. Subject to article 237 of the constitution, all land in uganda shall vest in. Right to fair compensation and transparency in land. This framework puts forward a procedural guide for reseftlementland acquisition, against the current legal and policy framework in uganda. In this act, unless the context otherwise requires appointed officer means a person appointed under.
A kibanja was a new type of land holding created as a result of the enactment of the busuulu and envujju law of 1928. Acquisition of portion of land provided that where the owner of such land owns also immediately adjoining land which, together with the residue as aforesaid, would exceed half an acre in area, the. Land acquisition act uganda cahf centre for affordable. A guide to the land administration services in uganda. The present land acquisition act cap 226 gives government lee way to acquire peoples land at. Lands acquisition act 1994 act legislation register. Appeal may be had against an award of compensation made by an assessment officer. Ome copy of decree of order as evidence of title 48.
An act to make provision for the compulsory acquisition of land for public purposes and for matters incidental thereto and connected. Handbook on land ownership, rights, interests and acquisition in uganda 3 a. Land act, 1998 incorporating the land amendment acts, 2004 and 2010 page 3 of 77 part iiicontrol of land use. Strategy for land acquisition was prepared and approved by the chief government valuer. The act also provides for temporary occupation of waste or arable land. Article 237, of the uganda constitution, provides that land belongs to the citizens of. How can a district acquire land when the owner refuses. Despite the promulgation of the 1995 constitution of uganda which gives powers to the people and every citizen a right to own property under article 26. In this act, unless the context otherwise requires a appointed officer means a person appointed under. Land acquisition act uganda land acquisition act uganda. Ugandas land acquisition law details steps for acquiring private land but the process has lately become a nightmare, and is one of the hurdles awaiting the east african crude oil pipeline. An act to amend the land act to enhance the security of occupancy of lav,ful and bona fide occupants on registered land in accordance with article 237 of the constitution, and for related matters. The land acquisition act chapter 226 landwatch uganda.
Featured documents view more 2019 housing finance in africa yearbook 10th anniversary edition. Process of buying land in uganda, how to acquire a land. The kibanja interest in mailo land tenure in uganda. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 also land acquisition act, 20 is an act of indian parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in india. How can a district acquire land when the owner refuses to sell. Land act, 1998 incorporating the land amendment acts, 2004 and 2010 page 6 of 77 f certificate of customary ownership means a certificate issued under section 4. In this act, unless the context otherwise requiresinterpretation the community means the east african community established by. This act may be cited as the land acquisition act, 1967 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. An act to make provision for the compulsory acquisition of land for public purposes and for matters incidental thereto and connected therewith. The act does not provide for rehabilitation of persons displaced from their land although by such compulsory acquisition, their livelihood gets affected to say the least, the act has become. This act is the lands acquisition amendment act 2017. The law to do with compulsory land acquisition in uganda, in my opinion, is well settled and does not in any way require an amendment.
Chapter 7 provides concluding comments, including a summary of recommendations. Although the law was repealed, its provisions provide authority for customary land rights in the area. The uganda land amendment act, 2010 landwatch uganda. The uganda national land policy final draft march, 2011 ministry of lands, housing and urban development.
In the ugandan law, section 3 of the mining act vests all rights to ownership of all minerals in, on or under any land or waters with the government. The land acquisition act an act to provide for the compulsory acquisition of lands for public purposes and in connection with housing schemes. Land acquisition act an act to govern the acquisition of land for public purposes. A bargadar is a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to.
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