Land Acquisition Act

This section provides definitions of terms used in the Act.

When the Minister is satisfied a public purpose requires it, the Minister may appoint a public officer or other person to procure temporary occupation and use of waste or arable land for a term not exceeding three years; the appointed officer may enter on and take possession of the land, must give written notice to persons with an interest specifying purpose, term and commencement date, and must pay compensation (lump sum or periodic) for occupation, materials taken and standing crops; disputes over compensation are referred by the Attorney General to the court; the High Court may order compensation paid into court if the appointed officer cannot trace the person entitled or for other good cause.

When temporary occupation ends, the Government must pay compensation for damage done during occupation, except where compensation was already paid or agreed; alternatively the Government may acquire land permanently if it is permanently unfit for its prior use and all interested persons require acquisition; a small loss of materials under 4% of total area does not make subsection (1)(b) apply; disputes are referred by the Attorney General to the court.

If a compensation claim for severance is, in the Minister's opinion, unreasonable or excessive when land is being acquired, the Government may acquire the severed part or the whole property; disputes on reasonableness may be referred by the Attorney General to the High Court with the claimant's consent.

Authorised persons may enter and examine land to assess suitability for public purposes; the Government must pay compensation for damage caused; disputes about compensation are to be referred by the Attorney General to the court.

The Minister may, by statutory instrument, declare that land is required for a public purpose, and the Minister must cause a copy of every declaration to be served on the registered proprietor or the controlling authority and on the occupier if different.

When a declaration under section 3 is published for land, the assessment officer must mark out and measure the land and make a plan if a plan has not already been made.

After a declaration for land, the assessment officer must publish a notice in the Gazette and exhibit it near the land, and must serve copies of notices on the registered proprietor (and occupier where different); the officer may publish multiple notices for separate parts and may require written signed statements.

The assessment officer must hold an inquiry on the day specified in a notice, make an award specifying area, compensation and apportionment, serve copies of the award on the Minister and interested persons not present, and the Government must pay compensation according to the award after appeal time expires; the assessment officer may adjourn inquiries and has powers to summon witnesses and compel documents.

When a declaration is published the assessment officer must take possession of the land after making the award; the Minister may certify earlier possession in the public interest; the land vests in the Uganda Land Commission and previous interests become claims for compensation; the assessment officer must forward an endorsed copy of the declaration to the Registrar of titles.

The Minister may revoke an instrument made under section 3(1) before the assessment officer takes possession; upon revocation the Government must pay compensation to persons with an interest in the land; disputes over compensation must be referred by the Attorney General to the court.

The Minister must extend a declaration that covers only part of a building to the whole building if the registered proprietor or occupier requests it; the proprietor or occupier may withdraw or modify that request before the assessment officer's award; disputes about whether land forms part of a building are to be referred by the Attorney General to the court, which must consider whether the land is reasonably required for full and unimpaired use of the building.

If an award is made under section 6, any person awarded (or claiming they should have been awarded) may appeal to the High Court within sixty days from the date of the award by objecting to the amount, its apportionment, or the assessment officer's exclusion.

When the Attorney General must refer a land dispute to the court, the Attorney General must do so by motion to the magistrate's court in the area where the land is situated; a party aggrieved by that court's decision may appeal to the High Court; and the magistrate's court has jurisdiction to decide such a reference despite any law limiting jurisdiction by value.

If an assessment officer or appointed officer is opposed or impeded in taking possession of land, they may apply ex parte to a magistrate grade I for relief; if the magistrate is satisfied they are entitled to possession, the magistrate must declare that fact.

The Chief Justice may, by statutory instrument, make rules of court for appeals, applications and references under this Act.

Any person must not willfully obstruct a public officer or other person exercising a power or performing a duty under this Act, and must not willfully fill up, destroy, damage or displace any trench or mark made under section 2.

Notices, declarations or similar documents required under the Act may be served by post; if they relate to land or premises and personal service is not practicable after due diligence, they may be delivered to a person on the land or premises or, if no person is present, may be affixed to a conspicuous part of the land or premises.

The provision allows the Government to enter agreements to acquire an interest in land or to settle compensation claims by granting other land or otherwise.

The Minister may, by statutory instrument, make regulations to assess and pay compensation under the Act and to give full effect to the Act's provisions and purposes.

The Minister responsible for finance may amend the Schedule to this Act by statutory instrument with the approval of Cabinet.