196 Acquisition Of Land

AuthorRalph Hone
Pages#4

[CH.196. 2285

CHAPTER 196.

ACQUISITION OF LAND.

ARRANGEMENT OF SECTIONS.

SECTION.

  1. SHORT TITLE.

  2. INTERPRETATION.

  3. APPOINTMENT OF ASSESSORS.

  4. PRELIMINARY INVESTIGATION.

  5. PAYMENT FOR DAMAGE.

    Declaration of Intending Acquisition.

  6. DECLARATION THAT PARTICULAR LAND IS REQUIRED FOR A PUBLIC PURPOSE AND PUBLICATION THEREOF.

    Acquisition of Land.

  7. MODES OF ACQUISITION.

  8. AGREEMENT.

  9. PARTIES UNDER DISABILITY MAY SELL AND CONVEY.

  10. OTHER POWERS OF PARTIES UNDER DISABILITY.

  11. APPOINTMENT OF ASSESSOR ON DISAGREEMENT AND MAKING OF ASSESSMENT.

  12. PROCEDURE BY COMPULSORY PURCHASE WHERE VALUE OF SELECTED LAND DOES NOT EXCEED ~1,000.

  13. AWARD BY MAGISTRATE ON COMPULSORY PURCHASE.

  14. APPEAL FROM MAGISTRATE'S AWARD ON COMPULSORY PURCHASE.

  15. COMPULSORY ACQUISITION WHERE NO AGREEMENT AND VALUE OF SELECTED LAND EXCEEDS ~1,000.

    Application of Compensation.

  16. APPLICATION OF COMPENSATION.

  17. MODES OF APPLICATION OF PURCHASE MONEY OR COMPENSATION DEPOSIrED WITH TREASURER.

    Possession.

  18. WHEN POSSESSION OBTAINABLE.

  19. VESTS IN TREASURER LAND HELD BY GOVERNOR.

    Leaseholds.

  20. SELECTED LAND COMPRISED IN LEASE.

  21. TENANT FOR A YEAR.

  22. PRODUCTION OF LEASE.

  23. WOODEN HOUSE.

    Mortgages.

  24. PAYMENT OF MORTGAGES.

  25. WHERE PART ONLY OF MORTGAGED LANDS TAKEN.

  26. ACQUISITION ON DEFAULT OF CONVEYANCE.

    Other Land Affected.

  27. COMPENSATION IN RESPECT OF OTHER LAND AFFECTED.

    Compensation.

  28. AMOUNT OF COMPENSATION.

  29. ADDITION FOR COMPULSORY PURCHASE.

  30. COSTS.

    Award.

  31. AWARD TO BE IN WRITING.

  32. No STAMP DUTY OR RECORDING FEES.

  33. No SUIT TO SET ASIDE AWARD OR APPORTIONMENTS.

  34. ERRORS OR MISTAKES.

    Record.

  35. RECORD OF AWARDS.

  36. DECLARATION OF VESTING TO BE RECORDED.

    Apportionment.

  37. STATING PARTICULARS OF APPORTIONMENT IN AWARD.

  38. MAGISTRATE TO DECIDE PROPORTIONS ON DISAGREEMENT.

  39. COSTS OF PROCEEDINGS FOR APPORTIONMENT.

    Special Case.

  40. SPECIAL CASE.

  41. ORDER IN SPECIAL CASE.

  42. POWERS OF COURT IN SPECIAL CASE.

  43. AMENDED OR SUBSTITUTED AWARD.

  44. EVIDENCE AND PRODUCTION OF DOCUMENTS.

    Miscellaneous.

  45. POWER OF GOVERNOR TO APPOINT A PERSON OTHER THAN A MAGISTRATE FOR AN INQUIRY.

  46. APPOINTMENT OF AGENTS.

  47. UNCLAIMED MONEY TO GO TO GENERAL REVENUE AFTER 20 YEARS.

  48. RULES OF COURT.

  49. RULES BY GOVERNOR.

  50. CLAIM FOR COMPENSATION WHEN BARRED.

  51. ACT NOT TO EXTEND TO CROWN LAND RESUMED FOR ROADS, ETC.

  52. OFFENCES.

  53. RECOVERY OF PENALTIES.

    CHAPTER 196.

    ACQUISITION OF LAND.

    AN ACT TO FACILITATE THE ACQUISITION OF LAND FOR PUBLIC PURPOSES.

    [7th July 1913.] 1. This may be cited as The Acquisition of Land Act.

  54. In this Act, unless the context otherwise requires'assessment' means a valuation of the selected land made by an assessor under and in accordance with the provisions of this Act;

    'assessor' means an assessor appointed and registered under this Act;

    'award' means the amount of compensation awarded under this Act by a magistrate either as magistrate or acting as umpire or by the court sitting alone or with assessors;

    'court' means the Supreme Court;

    'magistrate' means, in the case of New Providence, a Stipendiary,and Circuit Magistrate, and in the case of the Out Isands, the commissioner of the district in which any selected land is situate;

    'persons interested' includes every person claiming an interest whether on his own behalf or as trustee for other persons beneficially interested, or as guardian of a minor or committee of a lunatic or idiot, but does not include a yearly tenant or tenant by the month or at will;

    'promoters' means the Governor, a Minister or any statutory corporation by or on behalf of which selected land may be acquired under the this Act;

    14 of 1913.

    15 of 1916.

    1 of 1952.

    34 of 1964.

    46 of 1964.

    Short title.

    Interpretation.

    34 of 1964, s. 2.

    34 of 1964, s. 2.

    1 of 1952, s. 2.

    34 of 1964, s. 2.

    Ch. 197.

    34 of 1964, s. 2.

    Appointment of assessors.

    'public purpose' includes, subject to the provisions of section 13 of the Constitution(a) any purpose authorised by the Legislature;

    (b) any purpose for which any statutory corporation requires any land:

    Provided that in the case of any land required by a statutory corporation the value thereof or compensation payable therefor by agreement between the promoters and the persons interested therein does not exceed the sum of one thousand pounds or such value or compensation has been certified in writing by an assessor not to exceed the sum of one thousand pounds;

    (c) any public undertaking the execution of which is vested in the Governor or a Minister;

    (d) any purpose for which land is, in the opinion of the Governor, required for providing hotel accommodation, or promoting the tourist traffic of the Colony, or provi[aing increased harbour and dock facilities, or the agricultural development of the Colony, or any other public undertaking;

    (e) for the purpose of any undertaking under the provisions of The Acquisition of Land (Special Application) Act;

    'selected land' means any land required for a public purpose;

    'statutory corporation' means any corporate body constituted by an Act of the Legislature to undertake duties or to perform functions for the benefit of the public;

    'summons for assessment' means a summons issued by the Registrar of the court to initiate proceedings for an assessment by the court with or without assessors.

  55. --(1) It shall be lawful for the Governor(a) to appoint assessors being persons willing to serve when required, and skilled in the valuation of property of the several descriptions of real property common in the Colony;

    (b) to substitute assessors for any assessors who may die, depart from the Colony, or desire to discontinue serving, and to remove any assessor for misconduct or other cause;

    (c) to fix a scale of fees payable to assessors for serving under this Act.

    (2) A list of assessors so appointed and any scale of fees fixed shall be published annually in the Gazette and kept in the Registry of the court; the name of any assessor appointed or substituted shall on such appointment or substitution also be published in the Gazette.

    (3) An assessor shall be compellable to serve on an assessment when required so to do by the Governor, the court, or a magistrate unless he shall satisfy the Governor, the court or the magistrate, as the case may be, that he is for good cause unable to serve or ought for good cause to be excused from service, and in case of neglect or default to serve as required after having been duly required by notice from the Governor, the court or a magistrate so to do shall be liable to a penalty of ten pounds.

    (4) No assessor shall proceed to act in the matter of an assessment or otherwise under the provisions of this Act unless he shall have first made and signed before a Judge of the Supreme Court or a magistrate a declaration in the following form: 'I, Registered Assessor, do solemnly and sincerely declare that in all matters submitted to me or with which I may have to deal under the provisions of The Acquisition of Land Act, I will faithfully, honestly and impartially execute my duties to the best of my judgment, skill and ability.' All declarations so made shall be kept in the Registry of the court and shall be transmitted to such Registry by any magistrate taking the same.

  56. -(1) Whenever it appears to the Governor that land in any locality is likely to be needed for any public purpose a notification to that effect shall be published in the Gazette, and the magistrate shall cause public notice of the substance of such notification to be given at convenient places in his district, and thereupon any person either generally or specially authorised by the Governor and his servants and workmen may do all or any,of the following things, namely:(a) enter upon and survey and take levels of any land in such locality;

    (b) dig or bore into the sub-soil;

    (c) do all other acts necessary to ascertain whether the land is adapted for such purpose;

    Registration and fees of assessors.

    Assessor compellable to serve on an assessment.

    Declaration to be signed by assessors.

    Preliminary investigation.

    (d) set out the boundaries of the land pro- i posed to be taken and the intended line of the work (if any) proposed to be made thereon;

    (e) mark such levels, boundaries and line by placing marks and cutting trenches;

    (f) where otherwise the survey cannot be completed, the levels taken, or the boundaries or line of work marked, cut down and clear any standing crop, fence, tree or bush;

    (g) do all such other acts as may be incidental to or necessary for any of the purposes aforesaid.

    (2) No person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

    Payment for 5. So soon as conveniently may be after any entry damage. made under section 4 of this Act the person entering shall pay for all damage done, and in cases of dispute as to the amount to be paid for such damage, the matter shall be referred to the magistrate whose decision shall be final, subject to an appeal to the Supreme Court.

    Declaration of Intending Acquisition.

    Declaration 6.-(1) Whenever it appears to the Governor that that particular land is required any particular land is needed for a public purpose a for a public notice to that effect signed by the promoters shall be purpose and publication published in the Gazette and posted on some conspicthereof. uous part of such land, but no such notice shall be published or posted unless the compensation to be paid for such land is to be paid out of public revenue or out of the funds of some statutory corporation.

    (2) Such notice shall state the following particulars:-(a) the district in which the land is situate;

    (b) the particular purpose for which it is required;

    (c) its approximate area and all other particulars necessary for identifying it, and if a plan has been made of the land, the place where and time when such plan may be inspected;

    (d) an intimation that all...

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