{UAH} Compulsory acquisition of peoples’ land is against their rights, Bamugemareire

How Africans are mixing up things - it worked before and why is it not
working now?


https://ulii.org/ug/legislation/consolidated-act/246

Town and Country Planning Act 1951
Chapter number:
246
In-force:
Yes


16. Acquisition of land.

(1) When any outline scheme or any detailed scheme has been brought
into effect, the authority empowered in that behalf under the
provisions of any enactment relating to the compulsory acquisition of
land may, on the advice of the board and in accordance with that
enactment, acquire—

any land in the planning area required for roads, open spaces,
gardens, schools, places of religious worship, recreation grounds, car
parks, aerodromes, markets, slaughterhouses and cemeteries; and

any land within the planning area which has not been developed in
accordance with the outline scheme or a detailed scheme; but— (i)
before acquiring any land under this paragraph the

authority shall be satisfied that the owner of the land has taken no
reasonable steps to develop the land in accordance with the outline
scheme or any detailed scheme; (ii) any person aggrieved by a decision
of the authority under this paragraph may appeal to an arbitrator who
shall be appointed by the Chief Justice. The decision of the
arbitrator whether or not the property shall be compulsorily acquired
shall be final.

Any land acquired under subsection (1) shall be deemed to have been
acquired for a public purpose.

Any land acquired under subsection (1)(a) may be transferred to the
local authority on such terms and conditions as shall be mutually
agreed, but in no case shall the land be used for any other purpose
than that for which it was acquired.

Any land acquired under subsection (1)(b) may be transferred to any
person on such terms and conditions as shall be mutually agreed, but
in every case provision shall be made for the development of the land
in accordance with the outline scheme or a detailed scheme within a
reasonable time from the date of the acquisition.

PART V—COMPENSATION AND BETTERMENT.

17. Grant of compensation.

Subject to this Act, any person—

whose property is injuriously affected by the coming into operation of
any provision contained in an outline or detailed scheme or by the
execution of any work under such a scheme; or

who for the purpose of complying with any provision contained in such
scheme or in making or resisting a claim under the provisions of this
Act relating to compensation has incurred expenditure which is
rendered abortive by a subsequent revocation or modification of the
scheme,
shall, if he or she makes a claim within the time limited for the
purpose by this Act, be entitled to recover as compensation from the
board the amount by which his or her property is decreased in value,
or, so far as it was reasonably incurred, the amount of the abortive
expenditure, as the case may be.

18. No compensation in certain cases.

No compensation shall be payable in respect of any refusal of a
committee to permit the erection of any building or the development of
any land under section 6.

No compensation shall be payable in respect of any building the
erection of which was begun after the date of the publication of the
order
declaring a planning area under section 5, unless the erection was
begun under and erected in accordance with the permission of the board
or a committee or a local authority.

No compensation shall be payable in respect of any condition imposed
in respect of permission granted under section 6(1) to develop land or
to construct, demolish, alter, extend, repair or renew buildings.

No compensation shall be payable in respect of any of the following
provisions in a scheme, namely, any provision which—
(a)

(b) (c)

prescribes the location of buildings, the extent of the yards, gardens
and curtilage of buildings;

imposes any sanitary conditions in connection with buildings; limits
the number of buildings or the number of buildings of a specified
class which may be constructed, erected on or made in or under any
area;
(d) (e)

(f)

(g)

prohibits or regulates the subdivision of land; regulates or empowers
any person to regulate the size, height, spacing, design, colour and
materials of buildings; controls, restricts or prohibits the objects
which may be affixed to buildings;

prohibits or restricts building operations permanently on the ground
that by reason of the situation or nature of the land the erection of
buildings on the land would be likely to involve danger or injury to
health or excessive expenditure of public money in the provision of
roads, sewers, water supply or other public services;
(h)

prohibits (otherwise than by way of prohibition of building
operations) the use of land for a purpose likely to involve danger or
injury to health, or detriment to the neighbourhood or restricts
(otherwise than by way of restriction of building operations) the use
of land so far as may be necessary for preventing such danger, injury
or detriment;
(i)
(j)

restricts the purposes for and the manner in which land or buildings
may be used or occupied, or reserves or allocates any particular land
or all land in any particular area for buildings of a specified class
or classes or to be used for a specified purpose; in the interests of
safety, regulates or empowers any person to regulate the height and
position of the proposed walls, fences or hedges near the corners or
bends of roads or at railway level-crossings;

(k) limits the number or prescribes the sites of new roads entering a
road or the site of a proposed road;

(l) fixes in relation to any road or intended road a line beyond which
no building in that road or intended road may project unless, within
two years immediately preceding the publication of an order under
section 5 declaring the planning area within which the scheme lies,
the land was or formed part of the site of a building;

(m) in the case of the erection of any building intended to be used
for hospital, educational, entertainment, business or professional
purposes or for gain, requires the provision of accommodation for
parking, loading, unloading or fuelling vehicles, for the purpose of
preventing obstruction of traffic on any road;

(n) prohibits, restricts or controls, either generally or in
particular places, the exhibition, whether on the ground, on any
building or any temporary erection of all or any particular forms of
advertisements or other public notices; or

(o) prevents, remedies or removes injury to amenities arising from the
ruinous or neglected condition of any building or by the objectionable
or neglected condition of any land attached to a building or abutting
on a road or situate in a residential area.

(5) Where any provision of a scheme is revoked or modified by a later
scheme, no compensation shall be payable in respect of any property on
the ground that it has been injuriously affected by any provision
contained in the later scheme if and insofar as that later provision
is the same, or substantially the same, as the earlier provision so
revoked or modified; but if at the date when the revocation or
modification of that earlier provision becomes operative—

there is still outstanding any claim for compensation duly made under
that provision; or

the time originally limited for making such a claim has not expired,
any such outstanding claim and any such claim made within the time so
limited shall be entertained and determined, and may be enforced, in
the same manner in all respects as if all the provisions of the
earlier scheme had continued in operation, unless the claim is in
respect of a restriction removed by the later scheme.

(6) Nothing in subsection (4) shall preclude an owner from claiming
compensation for loss or injury arising from—

being prevented by the operation of a scheme from maintaining a
building which was in existence on the date of the publication of an
order declaring a planning area under section 5 or from continuing to
use any such building for the purpose for which it was used on that
date; or

where a permanent building which was in existence at any time within
two years immediately before the date of the publication of an order
declaring a planning area under section 5 has been demolished or been
destroyed by fire or otherwise, being prevented by the operation of a
scheme from erecting on the site of that demolished or destroyed
building a new building which substantially replaces the demolished or
destroyed building or from using the new building for the purpose for
which the demolished or destroyed building was last used.

19. Claims for compensation.

A claim for compensation shall be made by serving upon the board a
notice in writing stating the grounds of the claim and the amount
claimed.

Subject to subsection (3), no claim for compensation shall be
entertained unless the written notice has been served on the board
within six months after the date on which the provision giving rise to
the claim came into operation or within such longer period as may be
specified in the scheme or, in respect of expenditure rendered
abortive by the revocation or modification of a scheme, within six
months after the date on which the revocation or modification of the
scheme became operative.

Where it is alleged that property has been injuriously affected by the
execution of any work, the period within which a claim in respect of
that injurious affection may be made shall be three years after
completion of the work.

--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com