PROBLEM OF COMPULSORY ACQUISITION AND COMPENSATION UNDER THE LAND USE ACT
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PROBLEM OF COMPULSORY ACQUISITION AND COMPENSATION UNDER THE LAND USE ACT
ABSTRACT
To different individuals and in different contexts, the word land denotes different things. Regardless of these various interpretations, land has been of fundamental importance to human affairs from prehistoric times.
The numerous forced acquired interests were investigated in this research. The compensation received for these interests was thoroughly scrutinised to ensure its sufficiency. The effect of inflation on the amount payable was calculated using the interest rate as the measurement parameter in the payment of compensation.
The goal of this study was to explore the evolution and formation of acquisition laws in Nigeria, with a focus on the public lands acquisition Act Cap – 167 and the Land Use Act of 1978. Another objection to this investigation is to determine whether the acquisition and compensation of Akure Airport genuinely complied with the law.
The data for this study were gathered through interviews, and pertinent documents and records were inspected at the Ministry of Lands and Housing in Akure.
Finally, it was observed that serving acquisition notices through the family head is more expedient and cost effective than the Land Use Act’s4 provision. The payment of compensation was delayed. In addition, no interest was given for the delay in payment of compensation as required by law.
CHAPITRE ONE
INTRODUCTION
This dissertation is on acquisition and compensation under the Land Use Act of 1978. Land is extremely important to man since it is the foundation of all his pursuits. People turn to land for their physical surroundings, food and other items needed to clothe their bodies, homes and manufactured goods, building sites, recreational activities, and scenic and open space.
“Also, it is the very foundation and framework upon which social, political and economic activities of a nation function” . This explains why people in Nigeria have emotional, spiritual, and economical relationships to land.
“The word land means different things to different people and in different contexts”Different fields have defined 3 in various ways. A common person may think of land as a portion of the earth’s surface and sub-soil. From an economic standpoint, it is a critical factor in production and an economic good distinguished by scarcity, utility, and transferability.
To the lawyer, land is much more than the virgin, rent-bearing soil and other natural resources of economic theory. “It includes all corporeal things subjacent and superjacent to the soil and annexed there to”4. The legal definition of land comprises both visible and physical structures and objects (corporeal hereditaments)
as well as ethereal and abstract items (incorporeal hereditaments). Land, in the language of Western Nigerian property and conveyancing law, encompasses.
Land of any tenure, building or part of a building, whether divided horizontally, vertically or otherwise, and other corporeal hereditaments; and also a rent and other incorporeal hereditaments, and an easement, right, privilege or advantage in, over, or derived from land.
Human life and civilization, as we know it, cannot survive without land because it is the foundation of all human activity and without it, no development can occur. Most conflicts have been taught for millennia for the control of land, and the average with the soil, field, forest, and fisheries that supply him with nourishment.
This, right in land, was frequently the determining factor in an individual’s 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. As a result, where a landowner’s motivation is spiritual, the loss of property cannot be effectively compensated for by cash payment or the supply of substitute land.
It is a well-known truth that compensation for compulsory confiscated land is not always paid on schedule. When cash payments are given, they are insufficient to compensate for the coercive acquisition of property.
However, this can be remedied by removing unnecessary bottlenecks in the procedure and establishing effective appeal machinery to oil the wheels of Nigeria’s forced acquisition and compensation machinery.
1.1 STATEMENT OF THE PROBLEM
Land is extremely important to man since it is the foundation of all his endeavours – all economic and human activities are ultimately dependent on land. That is to say, land is a unique natural resource that serves as the foundation for all human activity, as no development occurs without it.
In Nigeria, the acquisition and compensation for property interests are statutorily governed by the requirements of the Land Use Decree (1978), among others. There are certain to be issues while purchasing land for a development project, which can affect the rate of development in the area.
In practise, there is evidence, particularly in distant villages, that people are dissatisfied because compensation for land is no longer paid to them as it was before to the proclamation of the land use Decree. As a result, people are unaware that the land has been transferred to the government.
Some acquiring bodies do not pay compensation for compulsory acquired assets on time. The delay in compensation payout causes major financial problems and inconveniences for the occupiers or owners. Even the perplexing basis of compensation has resulted in court litigation and disruption of airport operations at Akure.
In such circumstances, the two parties negotiate and the agreed-upon amount is deposited. Ownership of economic trees was also a source of contention.
Furthermore, there is the issue of endangering the lives of field employees during acquisition.
1.2 OBJECTIVES’ GOALS
The purpose of this research is to investigate:
The evolution of forcible acquisition in Nigeria, with a full discussion of the land use provisions Decree regarding the acquisition and restitution of privately owned lands.
Through proposals and recommendations in this effort, to resolve the problems surrounding the purchase and compensation of land in the Akure Airport.
The issue linked with the study’s acquisition and remuneration.
Draw conclusions from the main and secondary data to ease the issues experienced during land acquisition and compensation.
1.3 THE SIGNIFICANCE OF THE STUDY
Investigating is a part of research. The end result is knowledge. The information could be about an addition or a new idea. The relevance of research effort in man’s quest for knowledge and understanding is so fundamental that it is appropriate to emphasise its significance in the sphere of eminent domain. This research focuses on land acquisition, compensation payments, and land resources.
As a result, this work will be of some interest and importance to Nigerian landowners and future owners. This study will be valuable to environmental professionals as well as students of Estate Management, Urban and Regional Planning, and Law.
This study will be useful to policymakers in both the public and private sectors. This research will assist both the government and the oil industry.
1.4 RESEARCH METHODOLOGY
The information utilised to create this dissertation came from two major sources: VIZ –
Primary Sources: These are the original sources of raw data gathered during the inquiry process. This source was used to acquire the essential data or information for this investigation.
The government agent responsible for the use of compulsory acquisition power, the ministry of land and housing, was interviewed.
Secondary Sources: In this study, information was gathered mostly from text books, government publications, maps, and newspapers.
1.5 LIMITATIONS AND SCOPE OF THE STUDY
The study of forcible acquisition and compensation is a lengthy and difficult procedure that cannot be addressed thoroughly in a dissertation of this size.
As a result, the analysis is limited to the compulsory purchase and compensation of Akure Airport in Ondo State, with inferences drawn about Nigeria as a whole.
The subject of compulsory acquisition and compensation is extremely broad. Its application is widespread across the country. However, for the sake of extensive interviews, this study is limited to Akure Airport. The investigation in this paper is limited to economic trees and dwellings.
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