Problem Of Compulsory Acquisition And Compensation Under The Land Use Act Of 1978

Problem Of Compulsory Acquisition And Compensation Under The Land Use Act Of 1978

Abstract

The word land means different effects to different people and in different environment. These different meanings notwithstanding, land, since neolithic time, has been of essential significance to the affairs of man.

In this thesis the colorful interests mandatory acquired were looked into. The compensation paid for these interests were adequately examined to determine the acceptability of the compensation. In the payment of compensation, time factor was also considered to determine the effect of affectation on the quantum outstanding, using interest rate as the parameter of dimension.

This study examined the elaboration and conformation of accession laws in Nigeria with a detailed examination of the public lands accession Act Cap – 167 and the Land Use Act of 1978 as its ideal. Another expostulation of this study is to see whether the accession and compensation of Akure Airport actually conformed with the provision of the law.

The necessary data needed for this study were collected through interview, applicable documents and records were examined in the ministry of lands and casing Akure.

Eventually, it was discovered that serving accession notice through the family head is adequately effective and cost effective as against the4 provision of the Land Use Act. There was detention in payment of compensation. Also, no interest was paid for the detention in payment of compensation as handed for by the law.

TABLE OF CONTENTS

CHAPTER ONE

preface

Statement of Problem

Aim and Objective

Significance of Study

exploration Methodology

Limitation and compass of Study

Literature Review

Origin of Compulsory Acquisition

The Public Lands Acquisition Act( Cap. 167), 1958

Compensation Under the Act

Base for Compensation

particulars for Compensation

The Land Tenure Law of Northern Nigeria 1963

The Land Use Act of 1978( Decree No 6)

The Need for Compulsory Acquisition

Consequences of Compulsory Acquisition

CHAPTER THREE

Case Study Area

History and Description of the Area

Power and Pattern of Land Use in the Area

The Airport Site

Method/ Procedure of Acquisition Applied

CHAPTER FOUR

Data donation and Analysis

Sources of Data

system of Data Collected

Description of Statistics for Analysis Data

CHAPTER FIVE

Findings, Recommendation and Conclusion

Findings

Recommendation

Conclusion

Chapter One

Preface

The theme of this discussion is accession and compensation under the Land Use Act 1978. Land is of tremendous significance to man because it’s introductory of all his endeavours. People look to land for their physical terrain, for the food they eat and other accoutrements demanded to clothe their bodies and to give casing and manufactured goods, for structure sits, for recreational conditioning and for decor and open space.

“ Also, it’s the very foundation and frame upon which social, political and profitable conditioning of a nation function ”. The explains why there are emotional, spiritual and fiscal attachments to land in Nigeria.

“ The word land means different effects to different people and in different surrounds ” 3 has been similarly defined by different disciplines. An ordinary person may regard land as a piece of the earth’s face and its sub – soil. From profitable point of view; it’s a crucial factor in product and an profitable good characterised by failure, mileage and transferability. Land to the counsel on the other hand isn’t the abecedarian, rent – bearing soil and other natural coffers of profitable proposition, it’s much further. “ It includes all carnal effects subjacent and superjacent to the soil and adjoined there to ” 4. The legal view of land doesn’t only include, visible and palpable structures and object( carnal hereditaments), but also includes impalpable and abstract objects( ethereal hereditaments). Land, in the language of the property and conveyancing law of Western Nigeria includes.

Land of any term, structure or part of structure, whether the division is vertical, perpendicular or made in any other way, and other carnal hereditament; and also a rent an d other ethereal hereditaments, and an easement, right honor or benefit in, over or deduced from land.

mortal life and society as we know can not live without land because it’s the base of all mortal conditioning as no development takes place without it. For centuries, utmost wars were tutored for the possession of land, and the average with the soil, field, timber and fishing that give him with food. This, right in land were frequently the crucial factor that determined an individualities profitable, social and political status. “ It’s also regarded as the link between the dead, living and the future of a family hence its inalienability ” 5. “ As a result it’s regarded as a taboo to vend land acquired through heritage ” 6. thus, where the motive of a land proprietor is spiritual, the loss of property can not be adequately compensated for by cash payment or offer of an indispensable land.

It’s an egregious fact that compensation for land mandatory acquired isn’t always paid on time. When cash payment are made similar payments prove shy to compensate for the property mandatory acquired.

still, this can be retaliated by junking of gratuitous bottle – necks in the procedure, and the setting up of effective appeal ministry to slick the bus of mandatory accession and compensation ministry in Nigeria.

Statement Of Problem

Land is of tremendous significance to man because it’s introductory to all his endeavours – all profitable and mortal conditioning eventually depend on land. that’s to say land is a special natural resource that forms the foundation of all mortal conditioning as no development takes places without it.

In Nigeria, accession of and compensation for interest in property is statutorily controlled in agreement with the vittles of the land use Decree( 1978) among others. In acquiring land for experimental design, there are bound to be problems which in some cases affect the rate of development in the area.

In practices, there’s substantiation especially in remote vill that the natives rumble because compensation for land is no more paid to them as was the case before the promulgation of the land use Decree. So, they don’t indeed known that the land is now vested in the government.

Compensation for the parcels mandatory acquired aren’t instantly paid by some acquiring bodies. They delay in compensation payment greatly subjects the occupiers or possessors to serious fiscal problems and nuisances. Indeed the puzzling drive of compensation has given rise to legal conduct and disturbance of conditioning at the Akure Airport.

In similar cases, accommodations is struck between the two parties and the quantum agreement is deposited. controversies also rose over power of profitable trees.

In addition, t her is the problem of trouble to the lives of the field workers during accession.

Points Of Objects

The end of this study is to explore

The elaboration of mandatory accession in Nigeria with a detailed converse on the vittles of the land use Decree on accession and compensation for intimately possessed lands.

To resolve the conflicts girding the accession and compensation of land in the Akure Airport through suggestions and recommendation in this work.

The problem associated with the accession and compensation of this study.

Draw conclusion from available primary and secondary data to palliate these problems encountered during accession of land and compensation.

Significance Of Study

exploration involves disquisition. The outgrowth of which is knowledge. The knowledge could be on addition or a new idea. The significance of a exploration work in man’s hunt for knowledge and understanding is so introductory that it seems necessary to stress its significance in the field of prestigious sphere. This study covers areas of land accession, payment of compensation, land coffers.

This work thus, will be of some interest and applicability to the Nigeria land proprietor and eventuality and possessors. Professional in environmental fields; and scholars of Estate Management, Urban and Regional Planning and law will find this work useful. This study will be of significance to the policy makers in public and private sectors. The government and oil painting companies won’t be left out in serving from this study.

Exploration Methodology

The data used in the product of this discussion are deduced from two broad sources; VIZ –

Primary Sources These are original sources of raw data collected in the process of disquisition. The necessary data or information needed for this study were collected under this source.

The ministry of land and casing which is the government agent responsible for the exercise of power of mandatory accession, was canvassed .

Secondary Sources Information deduced from this sources are principally form textbook books, government publication, charts and review were used in this study.

Limitation And Compass Of Study

exploration on mandatory accession and compensation is a length and complicated process that can not be dealt with completely in such a limited space like this discussion.

In the light of this, the study is limited to mandatory accession and compensation of Akure Airport, Ondo State and conclusion made there’s also about Nigeria as a whole.

mandatory accession and compensation is a veritably broad subject. Its practice spans throughout the country. But for purposes of detailed interview this study is confined to Akure Airport. For purpose of this study, analysis is limited to profitable perm and houses.