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PROBLEM OF
COMPULSORY ACQUISITION AND COMPENSATION UNDER THE LAND USE ACT OF 1978
ABSTRACT
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.
TABLE OF
CONTENTS
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
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
CHAPTER ONE
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 space.
“Also, it is
the very foundation and framework upon which social, political and economic
activities of a nation function”. 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 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.
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