Problem Of Compulsory Acquisition And Compensation Under The Land Use Act
(A Case Study Of Akure Airport)
The challenge of compulsory acquisition and compensation under the Land Use Act is a complex issue that involves the legal and social dimensions of property rights in the context of urban development. The Land Use Act, a legislative framework in Nigeria, empowers the government to acquire land for public purposes. However, this process often intersects with the rights of property owners, leading to disputes over fair compensation. The intricate interplay between the government’s need for land and the property owner’s entitlement to just remuneration creates a dynamic landscape fraught with tension. Property owners frequently find themselves navigating a labyrinth of bureaucratic procedures, while grappling with the subjective valuation of their land. The question of what constitutes fair compensation becomes a central theme, with the inadequacies of existing mechanisms to determine value exacerbating the problem. Moreover, the ambiguity surrounding the criteria for determining public purpose adds another layer of complexity to this issue. Balancing the imperative of urban development with the protection of property rights remains an ongoing challenge, necessitating a nuanced and equitable resolution to ensure the harmonious coexistence of societal progress and individual property rights.
The word land means different things to different people and in different context. These different meanings notwithstanding, land, since prehistoric time, has been of elemental significance to the affairs of man.
In this thesis the various interests compulsory acquired were looked into. The compensation paid for these interests were adequately examined to determine the adequacy of the compensation. In the payment of compensation, time factor was also considered to determine the effect of inflation on the amount payable, using interest rate as the parameter of measurement..
This study examined the evolution and formation of acquisition laws in Nigeria with a detailed examination of the public lands acquisition Act Cap – 167 and the Land Use Act of 1978 as its objective. Another objection of this study is to see whether the acquisition and compensation of Akure Airport actually conformed with the provision of the law.
The necessary data required for this study were collected through interview, relevant documents and records were examined in the ministry of lands and Housing Akure.
Finally, it was discovered that serving acquisition notice through the family head is adequately efficient and cost effective as against the4 provision of the Land Use Act. There was delay in payment of compensation. Also, no interest was paid for the delay in payment of compensation as provided for by the law.
Title Page
Dedication
Acknowledgement
Abstract
Table Of Content
Chapter One
1.0 Introduction
1.1 Statement Of Problem
1.2 Aim And Objective
1.3 Significance Of Study
1.4 Research Methodology
1.5 Limitation And Scope Of Study
Chapter Two
2.0 Literature Review
2.1 Origin Of Compulsory Acquisition
2.2 The Public Lands Acquisition Act (Cap. 167), 1958
2.3 Compensation Under The Act
2.4 Basis For Compensation
2.5 Items For Compensation
2.6 The Land Tenure Law Of Northern Nigeria 1963
2.7 The Land Use Act Of 1978 (Decree No 6)
2.8 The Need For Compulsory Acquisition
2.9 Consequences Of Compulsory Acquisition
Chapter Three
3.0 Case Study Area
3.1 History And Description Of The Area
3.2 Ownership And Pattern Of Land Use In The Area
3.3 The Airport Site
3.4 Method / Procedure Of Acquisition Applied
Chapter Four
4.0 Data Presentation And Analysis
4.1 Sources Of Data
4.2 Method Of Data Collected
4.3 Description Of Statistics For Analysis Data
Chapter Five
5.0 Findings, Recommendation And Conclusion
5.1 Findings
5.2 Recommendation
5.3 Conclusion
1.0 INTRODUCTION
The theme of this dissertation is acquisition and compensation under the Land Use Act 1978. Land is of tremendous importance to man because it is basic of all his endeavours. People look to land for their physical environment, for the food they eat and other materials needed to clothe their bodies and to provide housing and manufactured goods, for building sits, for recreational activities and for scenery and open space1.
“Also, it is the very foundation and framework upon which social, political and economic activities of a nation function”2. The explains why there are emotional, spiritual and financial attachments to land in Nigeria.
“The word land means different things to different people and in different contexts”3 has been variously defined by different disciplines. An ordinary person may regard land as a piece of the earth’s surface and its sub – soil. From economic point of view; it is a key factor in production and an economic good characterised by scarcity, utility and transferability. Land to the lawyer on the other hand is not the virgin, rent – bearing soil and other natural resources of economic theory, it is much more. “It includes all corporeal things subjacent and superjacent to the soil and annexed there to”4. The legal view of land does not only include, visible and tangible structures and object (corporeal hereditaments), but also includes intangible and abstract objects (incorporeal hereditaments ). Land, in the language of the property and conveyancing law of Western Nigeria includes.
Land of any tenure, building or part of building, whether the division is horizontal, vertical or made in any other way, and other corporeal hereditament; and also a rent an d other incorporeal hereditaments, and an easement, right privilege or benefit in, over or derived from land.
Human life and society as we know cannot exist without land because it is the base of all human activities as no development takes place without it. For centuries, most wars were taught for the possession of land, and the average with the soil, field, forest and fishing gro—– that provide him with sustenance. This, right in land were often the key factor that determined an individuals economic, social and political status. “It is also regarded as the link between the dead, living and the unborn of a family hence its inalienability”5. “As a result it is regarded as a taboo to sell land acquired through inheritance”6. Therefore, where the motive of a land owner is spiritual, the loss of property cannot be adequately compensated for by cash payment or offer of an alternative land.
It is an obvious fact that compensation for land compulsory acquired is not always paid on time. When cash payment are made such payments prove inadequate to compensate for the property compulsory acquired.
However, this can be redressed by removal of unnecessary bottle – necks in the procedure, and the setting up of effective appeal machinery to lubricate the wheels of compulsory acquisition and compensation machinery in Nigeria.
1.1 STATEMENT OF PROBLEM
Land is of tremendous importance to man because it is basic to all his endeavours – all economic and human activities ultimately depend on land. that is to say land is a special natural resource that forms the foundation of all human activities as no development takes places without it.
In Nigeria, acquisition of and compensation for interest in property is statutorily controlled in accordance with the provisions of the land use Decree (1978) among others. In acquiring land for developmental project, there are bound to be problems which in some cases affect the rate of development in the area.
In practices, there is evidence especially in remote village that the natives grumble because compensation for land is no more paid to them as was the case before the promulgation of the land use Decree. So, they do not even known that the land is now vested in the government.
Compensation for the properties compulsory acquired are not promptly paid by some acquiring bodies. They delay in compensation payment greatly subjects the occupiers or owners to serious financial problems and inconveniences. Even the puzzling basic of compensation has given rise to legal actions and disturbance of activities at the Akure Airport.
In such cases, negotiations is struck between the two parties and the amount agreement is deposited. Disputes also rose over ownership of economic trees.
In addition, t her is the problem of threat to the lives of the field employees during acquisition.
1.2 AIMS OF OBJECTIVES
The aim of this study is to explore:
- The evolution of compulsory acquisition in Nigeria with a detailed discourse on the provisions of the land use Decree on acquisition and compensation for privately owned lands.
- To resolve the conflicts surrounding the acquisition and compensation of land in the Akure Airport through suggestions and recommendation in this work.
- The problem associated with the acquisition and compensation of this study.
- Draw inference from available primary and secondary data to alleviate these problems encountered during acquisition of land and compensation.
1.3 SIGNIFICANCE OF STUDY
Research involves investigation. The outcome of which is knowledge. The knowledge could be on addition or a new idea. The significance of a research work in man’s search for knowledge and understanding is so basic that it seems necessary to stress its importance in the field of eminent domain. This study covers areas of land acquisition, payment of compensation, land resources.
This work therefore, will be of some interest and relevance to the Nigeria land owner and potential and owners. Professional in environmental fields; and students of Estate Management, Urban and Regional Planning and law will find this work useful. This study will be of importance to the policy makers in public and private sectors. The government and oil companies will not be left out in benefiting from this study.
1.4 RESEARCH METHODOLOGY
The data used in the production of this dissertation are derived from two broad sources; VIZ –
Primary Sources: These are original sources of raw data collected in the process of investigation. The necessary data or information required for this study were collected under this source.
The ministry of land and housing which is the government agent responsible for the exercise of power of compulsory acquisition, was interviewed.
Secondary Sources: Information derived from this sources are basically form text books, government publication, maps and newspaper were used in this study.
1.5 LIMITATION AND SCOPE OF STUDY
Research on compulsory acquisition and compensation is a length and complicated process that cannot be dealt with exhaustively in such a limited space like this dissertation.
In the light of this, the study is limited to compulsory acquisition and compensation of Akure Airport, Ondo State and inference made there is also about Nigeria as a whole.
Compulsory acquisition and compensation is a very broad subject. Its practice spans throughout the country. But for purposes of detailed interview this study is restricted to Akure Airport. For purpose of this study, analysis is limited to economic tress and houses.
Problem Of Compulsory Acquisition And Compensation Under The Land Use Act:
The Land Use Act is a significant piece of legislation in Nigeria that regulates land ownership and usage. It was enacted in 1978 and has implications for compulsory acquisition and compensation in the country. Here are some of the key problems associated with compulsory acquisition and compensation under the Land Use Act:
- Centralization of Land Ownership:
- The Land Use Act vests all lands in Nigeria in the hands of the government (usually the state government). This centralization of land ownership can lead to abuses of power when it comes to compulsory acquisition, as the government has the authority to take land for public purposes.
- Lack of Clarity in Compensation Criteria:
- The Act does not provide clear and specific criteria for determining compensation rates. This lack of clarity can result in disputes and unfair compensation for landowners whose property is acquired.
- Inadequate Compensation:
- Landowners often receive compensation that does not reflect the true market value of their property. This can be especially problematic when the land is being acquired for lucrative purposes such as infrastructure development or real estate ventures.
- Lengthy and Complex Compensation Processes:
- The compensation process under the Land Use Act can be lengthy and bureaucratic, causing delays in payment to landowners. The Act does not provide a streamlined mechanism for resolving compensation disputes, further complicating matters.
- Compensation Disparities:
- There can be significant disparities in compensation rates between different states and regions in Nigeria. Some states may offer better compensation packages to landowners than others, leading to inequalities and tensions.
- Lack of Consultation with Landowners:
- The Act does not mandate meaningful consultation with affected landowners before the compulsory acquisition of their land. This lack of consultation can lead to resentment and opposition from local communities.
- Inadequate Protection for Land Rights:
- The Land Use Act does not provide strong protection for the land rights of indigenous communities and vulnerable populations, which can result in the dispossession of their ancestral lands without proper compensation or alternative arrangements.
- Inconsistent Implementation:
- The Act’s implementation can vary widely from one state to another, leading to inconsistencies in how compulsory acquisition and compensation are carried out. This lack of uniformity can create confusion and injustice for landowners.
- Ineffectiveness in Urban Planning:
- In urban areas, the Land Use Act has often been criticized for hindering effective urban planning and development, as government agencies may struggle to acquire the necessary land for infrastructure projects due to these issues.
To address these problems, there have been calls for reforms to the Land Use Act to make the compulsory acquisition and compensation processes more transparent, fair, and equitable. These reforms would ideally include clear criteria for determining compensation, mechanisms for resolving disputes, and greater protection for the rights of landowners, especially indigenous communities and vulnerable populations. Additionally, increased community engagement and consultation in the acquisition process could help mitigate conflicts and ensure that affected communities are adequately compensated and resettled when necessary.