Published Article

ABSTRACT

The adequacy of compensation is a major issue in compulsory acquisition of land for public projects all over the world. Lands are acquired compulsorily by government or its agency for development purposes for overriding public interest. This power of acquisition is legally placed on the governors of each States in Nigeria. The main aim of nationalization of all lands through the Land Use Act was to foster the state policy of imposing administrative controls over all the land and to ensure a prudent and transparent system of land holding. On revocation of Occupancy Right from individuals, the government is obliged to pay compensation for the land revoked or acquired for overriding public interest, but this compensation is limited to the value of their unexhausted improvements at the date of revocation, several laws reviewed in this study outline the responsibilities of the acquired agencies which was brought to fore by the introduction of the Land Use Act in 1978. This research outlines the essence of compulsory acquisition of land and the legal frameworks addressing the issue of compensation while citing some empirical cases. Consequently, it follows from this argument that Governors is not obliged to pay compensation or provide resettlement/alternative accommodation in lieu of the compulsorily acquired land, if there are no improvements or installations on the land. It has been emphasized that the Land Use Act 1978 neither disposed anybody of his land nor did it ever deprive owners of their use/interests in land. It concludes that it is undisputable that every land possesses some intrinsic and some prospective use value: e.g., as fertile agricultural land, as building/residential/commercial use, as industrial or storage use and site value either presently or in future hence adequate compensation should be duly paid. The study recommends that Section 29 of the Land Use Act 1978 should be amended or possibly overhauled fundamentally in order to reflect the actual value of land which might not subsist in structures and physical improvements but on the economic value of land.

KEYWORDS: Legal Framework, Compulsory Acquisition Land, Public Purposes and Compensation in Nigeria