CROSS RIVER – WRONGFUL ACQUISITION OF PROPERTY (SPECIAL PROVISIONS) LAW

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LAWS OF CROSS RIVER STATE

CHAPTER W3

WRONGFUL ACQUISITION OF PROPERTY (SPECIAL PROVISIONS) LAW

ARRANGEMENT OF SECTIONS

SECTION

  1. Power of Governor to determine certain interests.
  2. Registration of interests affected.
  3. Power to take possession.
  4. Compensation.
  5. Compensation payable.
  6. Computation of compensation.
  7. Advance payments of rent.
  8. Land Tribunal to hear and determine claims on affected interests.
  9. Investigation of claims.
  10. Limitation of claims.
  11. Powers of the police.
  12. Offences and penalties, etc.
  13. Law to apply to notices etc., published before date of making of Law.
  14. Interpretation.
  15. Citation.

SCHEDULE

Particulars to be submitted by Claimants

CHAPTERW3

WRONGFUL ACQUISITION OF PROPERTY

(SPECIAL PROVISIONS) LAW

[29th July, 1975]

[Commencement.]

A Law to provide for the determination of improperly acquired interests in State land.

  1. Power of Governor to determine certain interests

(1)      If the Governor is satisfied that there has been any impropriety in the acquisition of any interest in State land by any person or that it is in the public interest so to do, he may, by Order published in the Gazette determine the interest in State land of any such person.

(2)      Any State land in respect of which any interest is determined in pursuance of subsection (1) above shall without further assurance than this section be revested in the Government or, as the case may be, in a Government Agency in which the interest vested prior to the acquisition.

(3)      Any order made in pursuance of this Law may be given retrospective effect so however that no such order shall be made to have retrospective effect to a date earlier than the date of commencement of this Law.

(4)      For the avoidance of doubt, it is hereby declared that any interest in land affected by this Law and revested in the Government or Government Agency in accordance with subsection (2) above, may be re-allocated or otherwise dealt with pursuant to the provisions of the State Lands Law or any other applicable law.

  1. Registration of interests affected

The Registrar of Deeds or any other person in charge of registration of instruments or deeds affecting land shall, upon presentation to him of an order made under section 1 (1) above, expunge from the relevant register the name of any person in whose name any interest affected by this Law is registered and register instead the Government or Government Agency.

  1. Power to take possession

Any person in possession of any State land affected by this Law shall yield up possession of such land on the coming into force of the relevant order or within such period as the Governor may either generally or in relation to any particular case direct.

  1. Compensation

The Government shall where applicable pay compensation to any person whose interest in any State land is affected by this Law.

  1. Compensation payable

Compensation payable for any interest affected by this Law shall be assessed and computed in accordance with the provisions of this Law.

  1. Computation of compensation

In computing compensation payable under this Law, account shall be taken of any building installation, economic tree or crop on such land, so however that any compensation payable shall be, as respects—

(a)      developed land—

(i)       for an amount up to the sum total of all deed fees and ground rents paid in respect of the lease up to the date of determination of the lease;

(ii)      for the amount of the actual cost of construction of the building or installation in accordance with an approved plan; and

(iii)     for an estimated value of such tree or crop at the time the interest is determined;

(b)      undeveloped land, for an amount up to the sum total of all deed fees and/or ground rents paid in respect of the lease up to the date of the determination of the lease plus reasonable expenditure incurred in respect of Architect’s fees, Surveyor’s fees and fees in respect of development approvals or permits granted by the appropriate planning authorities.

  1. Advance payments of rent

(1)      In the case of any developed land affected by this Law and which has been sublet, any advance rents received beyond the date of determination of the interest shall be deducted from any compensation due to such lessee as assessed under section 6 (a) above.

(2)      Where any advance rents exceed the compensation due under section 6 (a) above, no person shall be required to pay the difference between the advance rents and such compensation.

  1. Land Tribunal to hear and determine claims on affected interests

(1)      The Land Tribunal established by section 12 of the Public Lands Acquisition (Miscellaneous Provisions) Decree, 1976 is hereby empowered to investigate claims submitted and determine compensation payable in accordance with the provisions of that Decree.

(2)      Any person who claims any right or interest in any land affected by this Law shall submit in writing particulars of his claim to the Tribunal aforesaid within six weeks after the date of determination of the interest affected.

(3)      The notice of any claim shall contain the particulars specified in the Schedule to this Law.

  1. Investigation of claims

If after investigating any claim submitted the Tribunal is satisfied that the claimant has any right or interest in such land the Tribunal shall determine the amount of compensation payable to the claimant.

  1. Limitation of claims

No claim for compensation under this Law shall be entertained by the Tribunal unless a written notice of the claim in accordance with the provisions of this Law is served on the Tribunal within the said period of six weeks.

  1. Powers of the police

Any police officer authorised in writing by the Governor or any person or authority designated by him may enter, with such number of other police officers or other persons as may be deemed necessary in any appropriate case, any State land affected by this Law or any building thereon and take possession thereof.

  1. Offence and penalties, etc.

(1)      Any person who in any notice served on the Tribunal pursuant to this Law knowingly or recklessly makes any statement or submits any document which is false in a material particular, shall be guilty of an offence under this Law and shall be liable on summary conviction to a fine of five hundred naira or to imprisonment for two years or to both such fine and imprisonment.

(2)      Any person who conceals or is connected in any manner whatsoever with the concealment of the keys to a building affected by this Law or otherwise hinders or obstructs any police officer or any other person duly authorised by the Governor from entering upon or taking possession of or using any land to which the provisions of this Law apply shall be guilty of an offence under this Law and shall be liable on summary conviction to a fine of five hundred naira and in addition, to a penalty of fifty naira for each day during the continuance of such hindrance or obstruction or to imprisonment for two years or to such fine, penalty and imprisonment.

(3)      Where an offence under this Law is committed by a body of persons then—

(a)      in the case of a body corporate, every director or officer of that body shall be deemed to be guilty of an offence; and

(b)      in the case of a partnership or other association, every partner or officer of that body shall be deemed to be guilty of the offence.

  1. Law to apply to notices, etc., published before date of making of Law

Notwithstanding the provisions of section 1 of this Law, any order, notice or other instrument—

(a)      made by the Governor and published by him or on his direction at any time between the commencement date and the date of the making of this Law; and

(b)      setting out interest in State lands which have been forfeited or determined by him, shall have the same effect as an order made under section 1 of this Law and the provisions of this Law shall apply in respect of the order, notice or other instrument to the same extent as they apply in respect of any order made by the Governor under section 1 of this Law.

  1. Interpretation

In this Law, unless the context otherwise requires—

“building” includes any structure on land;

“the Gazette” means the State Gazette;

“Government” means the State Government;

“Government Agency” means any statutory corporation or company (having power to acquire interest in land) in which the Government has an interest;

“State land” means State land within the meaning of the State Lands Law, and for the purposes of this Law, includes any land vested in any Government Agency;

“State” means the Cross River State of Nigeria.

  1. Citation and commencement

This Law may be cited as the Wrongful Acquisition of Property (Special Provisions) Law.

SCHEDULE

Particulars to be submitted by Claimants

  1. In respect of developed land—

Photocopies of—

(a)      contract agreement with any contractor or contractors in respect of any building on the land;

(b)      receipts from architects, quantity surveyors, structural engineers, estate agents and other payments made in respect of the development of the land;

(c)      deed of lease or sub-lease affecting the land (if any);

(d)      agreement made with any bank or other financial institution in respect of the development of any land affected by this Law;

(e)      the number of trees and cash crops affected, duly certified by an officer of the Ministry charged with responsibility for lands.

  1. In respect of undeveloped land—

Photocopies of receipts from architects, quantity surveyors, structural engineers, estate agents, and of receipts relating to plan approval fees and any other payments made towards the development of the land.

CHAPTERW3

WRONGFUL ACQUISITION OF PROPERTY

(SPECIAL PROVISIONS) LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

 

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