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PROBLEM
OF COMPULSORY ACQUISITION AND COMPENSATION UNDER THE LAND USE ACT OF 1978
(A
CASE STUDY OF AKURE AIRPORT)
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
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
CHAPTER ONE
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:
1.
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.
2.
To
resolve the conflicts surrounding the acquisition and compensation of land in
the Akure Airport through suggestions and recommendation in this work.
3.
The
problem associated with the acquisition and compensation of this study.
4.
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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