Land Acquisition Act (Cap. 53:02)

LAWS OF DOMINICA LAND ACQUISITION ACT CHAPTER 53:02 Act 7 of 1946 Amended by 27 of 1966 9 of 1971 7 of 1986 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1-20 111991 L.R.O.1!1991 2 Chap. 53:02 LAWS OF DOMINICA Land Acquisition Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. LAWS OF DOMINICA Land Acquisition Chap.53:02 CHAPTER 53:02 LAND ACQUISITION ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. INTERPRETATION 2. Interpretation. ACQUISITION OF LAND AND ABANDONMENT OF ACQUISITION 3. Acquisition of land. 4. Preliminary notification and power to enter land. 5. Power to apply land to purposes of acquisition without waiting for fonnal vesting. 6. Authorised officer to treat with landowner. 7. Boundaries of land and issue of notice of acquisition. 8. Authorised officer may require information as to interests in land. 9. Claim of person interested to have land acquired or abandoned. 10. Abandonment of acquisition. APPOINTMENT AND POWERS OF BOARD OF ASSESSMENT 11. Determination of questions by board of assessment. 12. Appointment of board of assessment. 13. Documents etc., to be forwarded to the Board. 14. Inquiry by Board. 15. Procedure at inquiry. 16. Power of entry for purposes of inquiry. 17. Award of Board. 3 L.R.0.111991 4 LAWS OF DOMINICA Chap. 53:02 Land Acquisition SECTION DETERMINATION OF SMALL CLAIMS FOR COMPENSATION 18. Procedure where claim for compensation does not exceed certain amounts. PROVISIONS GOVERNING ASSESSMENT OF COMPENSATION, ETC. 19. Rules for assessment of compensation. 20. Special rules as to severance. 21. Interest. 22. Rules as to costs. MISCELLANEOUS 23. Absentee owners. 24. Compensation to persons interested in adjacent land. 25. Special provisions as to leases. 26. Persons in possession to be deemed owners. 27. Fees and expenses of Board. 28. Conveyancing, etc., cost to be paid by authorised officer. 29. Payment of compensation, etc. 30. Exemption from stamp duty and fees. 31. Limitation of time for making claims. 32. Assaulting or obstructing officer. 33. Saving. LAWS OF DOMINICA Land Acquisition CHAPTER 53:02 LAND ACQUISITION ACT Chap. 53:02 AN ACT to authorise the acquisition of land for public purposes. 1961 Ed. Cap. 170. 7 of 1946. 5 [3rd June 1946] Commencement. 1. Titls Act may be cited as the LAND ACQUISITION ACT. INTERPRETATION 2. (1) In this Act "authorised officer" means any person who may from time to time be appointed as such by the Minister for the purposes ofthis Act; "land" includes messuages, tenements and hereditaments corporeal or incorporeal, and immovable property of every tenure of de­ scription, whatever may be the estate or interest therein; "person interested" means every person claiming or entitled to claim compensation under this Act; but a tenant by the month or at will is not a person interested for the purposes of this Act. (2) For the avoidance of doubt it is hereby declared that the expression "public purpose" in this Act includes the purpose of fulfill­ ing any obligation of the Government under any treaty or agreement made by the Government with the Government of any other country, territory or place, and any purpose pertaining or ancillary thereto. ACQUISITION OF LAND AND ABANDONMENT OF ACQUISITION Short title. Interpretation (7 of 1986]. 3. (1) If the Minister considers that any land should be acquired Acquisition of for a public purpose he may cause a declaration to that effect to be made la nd • in the manner provided by this section, and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose. L.R.0.111991 6 Preliminary notification and power to enter land. LAWS OF DOMINICA Chap. 53:02 Land Acquisition (2) Every declaration shall be published in two ordinary issues of the Gazette and a copy thereof, priorto the publication shall be served on the owneroroccupierof the land to be acquired, and should the owner or occupier after diligent inquiry not be found within the State, it shall be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situated, and in the declaration shall be specified the following particulars to the land which is to be acquired: ( a) the parish or district in which the land is situated; ( b) a description of the land, giving the approximate area and such other particulars as are necessary to identify the land; ( c) in cases where a plan has been prepared, the place where, and the time when, a plan of the land can be inspected; ( d) the public purpose for which the land is required. (3) Upon the second publication of the declaration in the Gazette the land shall vest absolutely in the State. (4) Nothing in this section shall be deemed to prevent the acquisition oflands for public purposes by private treaty. 4. If it appears to the Minister that any land is likely to be required for any purpose which in the opinion of the Minister is a public purpose and it is necessary to make a preliminary survey or other investigation of the land, he may cause a notification to that effect to be published in the Gazette, and thereupon it shall be lawful for the authorised officer (and his agents, assistants and workmen) to do all or any of the following things: ( a) to enter upon and survey and take levels of any land in any locality to which the notification relates; (b) to dig or bore into the subsoil of the land; (c) to do all other acts necessary to ascertain whether the land is adapted to such purpose; ( d) to set out the boundaries of the land intended to be taken, and the intended line of work, if any, proposed to be done thereon; LAWS OF DOMINICA Land Acquisition Chap. 53:02 ( e) to mark levels and lines by placing marks and cutting trenches; {j) where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work set out, to cut down and clear away any standing crop, fence, tree or bush; ( g) to do all such other acts as may be incidental to or necessary for any of the purposes aforesaid; but the authorised officer shall not enter into any building, or into orupon any enclosed yard, court, or garden attached to a dwelling-house, except at all reasonable hours and, except with the consent of the occupierthereof, without previously giving to the occupier at least seven days' notice in writing of his intention to do so. Compensa­ tion shall be assessed and paid to the persons interested in the land so entered for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section (i) in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or abandoned under section 10, as though it were compensation payable under this Act for the acquisition of the land; (ii) in so far as it relates to land the compulsory acqui­ sition of which is subsequently completed under section 3( 1) as though it were part of the compensa­ tion for the acquisition of the land. 5. Ifat any time after the publicationofanotificationin accordance Power to apply 'th th . . f • 4 • th Mini' th th 1 d land to purposes WI e prov1s1ons O section , It appears to e Ster at e an of acquisition or some parcel of the land to which it refers should be acquired but that without waiting for any reason it is not possible to make an immediate declaration to that for ~ormaI effect, the Minister may direct the authorised officer to do any work on ve st mg. the land or parcel thereof connected with the use to which the land is intended to be put on its acquisition, and thereupon the authorised officer may proceed with the execution of the work. Compensation shall be paid to the persons interested for any actual damage or injury resulting to them by reason of the exercise of the power conferred by this section and shall be determined in the same way as compensation for L.R.0.111991 7 8 Authorised officer to treat with landowner. Boundaries of land and issue of notice of acquisition. LAWS OF DOMINICA Chap.53:02 Land Acquisition actual damage or injury resulting from the exercise of the powers conferred by section 4. 6. (1) As soon as any declaration has been published in accord­ ance with the provisions of section 3, the authorised officer shall, without delay, enter into negotiations (or further negotiations) for the purchase of the land to which the declaration relates upon reasonable terms and conditions and by voluntary agreement with the owner of the land. (2) It is not necessary for the authorised officer to await the publication of the declaration before he endeavours to ascertain from the owner the terms and conditions on which he is willing to sell his land, but no negotiations or agreement shall be deemed to be concluded unless and until the conditions of sale and acquisition have been approved in writing by the Minister. 7. (1) As soon as may be after any land has been acquired compul­ sorily, the authorised officer shall, if the boundaries of the land have not been set out orif they cannot be identified by reference to any plan, cause the same to be set out, and he shall also issue a notice of acquisition in accordance with this section. (2) Every notice of acquisition under this section shall (a) state the decision of the Minister to acquire and take possession of the land compulsorily; (b) contain the particulars which, in relation to the land, were included in the declaration provided for by section 3(2); and (c) require all persons interested, as soon as is reasonably practicable, either (i) to appear personally or by attorney or agent before the authorised officer to state the nature of their respective interests in the land and the amounts and full particulars of their claims to compensation in respect of those interests, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated; or (ii) to render to the authorised officer a statement in LAWS OF DOMINICA Land Acquisition Chap. 53:02 writing, signed by them or by their attorneys or agents, setting forth the like matters. (3) The authorised officer shall cause a copy of the notice of acquisition to be served, either personally on, or by registered post addressed to the last known place of abode or business of, every person who is known or believed by the authorised officer to be entitled to compensation in respect of the acquisition, and whose whereabouts are known to the authorised officer; but where the whereabouts of any such person are not known, the authorised officer shall cause copies of the notice to be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situated. (4) Any person who without lawful authority or excuse re­ moves or destroys any landmark placed, or removes or defaces or destroys any notice posted or exhibited, by the authorised officer in or upon the land or any building thereon in accordance with the provisions of this Act, is liable on summary conviction to a fine of one thousand dollars or to imprisonment for three months. 8. (1) The authorised officer may, by notice served personally, or Au~orised . officer may by registered post addressed to the last known place of abode or require informa 9 business of the person concerned, require the owner or occupier of, or tion as to interests any person interested in, any land or in any part thereof, in respect of in la nd • which a declaration or a notification has been published in the Gazette under section 3 or section 4 respectively, to deliver to him within a time to be specified in the notice, being not less than twenty-one days after service of the notice, a statement in writing containing, so far as may be within his own knowledge, the name of every person possessing any interest in the land, or any part thereof, whether as partner, mortgagee, lessee, tenant or otherwise, and the nature of the interest. (2) Every person who is required to make and deliver a state­ ment under this section and who, without reasonable excuse, refuses to make or deliver the statement, or wilfully makes any such statement which is false or incomplete in any material particular, is liable on summary conviction to a fine of one thousand dollars or to imprison­ ment for three months. 9. If within three months after entry has been made on any land Claim of person d th . . f . 4 th l d . . d b d d interested to have un er e prov1s10ns o section , e an 1s not acquire or a an one , land acquired or any person interested in the land or any part thereof may serve a notice abandoned. on the authorised officer requiring that the acquisition of the land or part L.R.0.111991 10 Abandonment of acquisition. Determination of questions by board of assessment. Appointment of board of assessment. [7 of 1986]. LAWS OF DOMINICA Chap. 53:02 Land Acquisition thereof be completed or abandoned, and, if within one month thereafter, the acquisition of the land or part thereofis not completed or abandoned in accordance with the provisions of this Act, the acquisition of the land or part thereof shall be deemed to have been abandoned. 10. (1) At any time before any land has been acquired compulsorily the Minister may, by Notification published in the Gazette, declare that the intended acquisition of the land is abandoned. (2) When the acquisition of any land is abandoned in accord­ ance with the provisions of this section, or is deemed to have been abandoned under section 9, any compensation payable by virtue ofthis Act shall, in default of agreement, be assessed as though it was compensation payable under this Act for the acquisition of land. (3) No compensation is payable in any case for loss of bargain or for damages for breach of contract. APPOINTMENT AND POWERS OF BOARD OF ASSESSMENT 11. (1) All questions and claims relating to the payment of compen­ sation under this Act and to the appointment of such compensation shall, save as is hereinafter provided, be submitted to a board of assessment to be appointed in each case in accordance with the provisions of section 12. (2) A boardofassessment shall have full power to assess, award and apportion compensation in such cases, in accordance with the provisions of this Act. 12. (1) As soon as it becomes necessary to do so the Minister shall cause a board of assessment (hereinafter referred to as "a Board" or"the Board") to be appointed. (2) A Board for the purposes of this Act shall in every case be constituted of ( a) a Chairman who shall be the Resident Judge or a person nominated by him from the panel established under subsection (3); LAWS OF DOMINICA Land Acquisition Chap. 53:02 (b) a member to be appointed by the Minister provided always that the member so appointed shall not be a public officer; ( c) a member to be nominated by the owner of the land to be acquired provided that where in any case the Minis­ ter is satisfied that the owner of the land has refused to exercise his right to nominate a member of the Board, or has unreasonably delayed the nomination, or where the persons interested in the land have failed to agree upon the nomination, the Minister, by order in writing, may direct the Chairman to proceed with the inquiry notwithstanding that there has been no such nomination by the owner, and in every such case the Board shall be deemed to be lawfully constituted without the presence of such member, and, if there is any difference of opinion as to the amount of compensation that should be awarded, the decision of the Chairman shall be deemed to be the decision of the Board. (3) The Resident Judge shall, for the purposes of this section, draw up and maintain a panel of not less than three persons appearing to him qualified to perform the functions of Chairman of the Board. He shall make appointments to the panel either of his own motion or on the application of the authorised officer and may request nominations for appointment from such persons and organisations as he may think fit. ( 4) In this section, "the Resident Judge" means the Judge of the High Court assigned for duty to Dominica under section 16 of the Supreme Court Order. 13. (1) Upon the appointment of a Board, or where proceedings are taken before a Magistrate for the determination of any question relating to the payment of compensation, the authorised officer shall forward to the Chairman, or to the Magistrate, as the case may be, those of the following documents and particulars which relate to the acquisition or the intended acquisition of the land, as the case may be: ( a) a copy of any Notification and declaration which has been published in the Gazette; ( b) a copy of the notice of acquisition; ( c) a copy of any notice issued or received by him; 11 Ch. 4:01. Docwnents etc., to be forwrded to the Board. L.R.O. l!l991 12 Inquiry by Board. Procedure at inquiry. LAWS OF DOMINICA Chap. 53:02 Land Acquisition ( d) a copy of all statements received by him in compliance with any notice issued by him; ( e) the names and addresses of the persons who the author­ ised officer has reason to believe are interested in the land; and (j) a copy of the report required by this section. (2) The report to be sent to the Board shall state the opinion of the authorised officer, and his reasons for such opinion, upon each of the following matters: ( a) what is a fair and proper description of the land ac­ quired, including particulars of any building, trees or standing crops thereon; ( b) the approximate acreage of the land; ( c) the value of the land, for the purposes of compensation under this Act; ( d) the amount of provisional compensation which should be paid for the land, including any damage payable in respect of entry into possession; ( e) the apportionment of the provisional compensation among the persons interested in the land, in respect of their interests. (3) The authorised officer, in assessing the amount of any compensation for the purpose of a report under this section, shall have regard to the rules prescribed by this Act which may and may not be taken into consideration in assessing compensation. 14. Where a Board has been appointed under this Act, the Board shall hold an inquiry at a place, date and time to be fixed by the Chairman, of which not less than fourteen clear days' notice shall be given to the parties concerned, and every such inquiry shall be con­ ducted in public. 15. The procedure at an inquiry before a Board, the summoning and remuneration of witnesses for attendance thereat, and all questions incidental to the inquiry shall be governed by the provisions of the laws for the time being in force relating to civil proceedings in the High Court; but in the case of any doubt arising on any question of practice and procedure the same may be settled by the Chairman. LAWS OF DOMINICA Land Acquisition Chap. 53:02 13 16. The Board, or any person authorised by them, may at any time Power of entry be+ d • ft • • d thi A d. for purposes of 1ore, unng or a er an mqmry un er s et, enter upon an mspect inquiry. any land for any purpose connected with the inquiry. 17. (1) AttheconclusionoftheinquirytheBoardshalldecideupon Award ofBoard. th 1 . ./' . d . b . d th d [27 of 1966J. e c aims 1orcompensat1on an apportionments su m1tte to em an shall make an award under the hand of the Chairman who shall cause the same to be filed in the High Court. (2) In case the Chairman and one or both of the members agree as to the amount of compensation, or as to the amount of any item, or in case the Chairman, as to any such amount awards any sum greater than the lower, and less than the greater of the amounts found by the members respectively, then the decision of the Chairman shall, subject to appeal as in this section provided, be recorded as the decision of the Board. (3) In case the Chairman, as to the total amount of compensa­ tion, or as to the amount ofany item, finds for a less sum than the smaller, or a greater sum than the greater, of the amounts found by the members respectively, then the decision of the Chairman shall, subject to appeal as herein provided, be entered as the decision of the Board. ( 4) An appeal shall lie against the decision of the Board, and for the purposes of the appeal the decision of the Board shall be deemed to be a final judgment or decision of a Judge of the High Court sitting as a Court of first instance. DETERMINATION OF SMALL CLAIMS FOR COMPENSATION 18. (1) Notwithstanding anything in any Act to the contrary, in any Pr~cedure where • hi h th • 1 • d d d th d claim for case 1Il W C e compensation C aime oes not excee two ousan compensation dollars, and in any case in which the compensation claimed does not does not exceed exceed five thousand dollars and, in the latter case, the parties agree in certain amounts. [7 of 1986]. writing to the settlement of the claim by a Magistrate, the amount of the compensation to be paid in any such case shall be determined by a Magistrate. (2) Any Magistrate, upon the application of either party with respect to any question of disputed compensation in either of the cases mentioned in subsection (1), may summon the other party to appear L.R.0.111991 14 Ch. 4:20. Rules for assessment of compensation. LAWS OF DOMINICA Chap. 53:02 Land Acquisition before him at a time and place to be named in the summons and to hear and determine the question of disputed compensation. (3) For the purposes of any proceeding under this section ( a) the procedure to be followed, the summoning and re­ muneration of witnesses, and all questions incidental to the proceeding shall be governed by any law for the time being in force in the State relating to the recovery of claims before a Magistrate, and all the provisions of any such law shall apply mutatis mutandis to any such proceeding; and (b) the provisions of section 16, 19, 20, 21, 22 and 25 of this Act shall apply with such verbal alteration (not affect­ ing the substance) as may be necessary to make the same applicable. ( 4) An appeal shall lie against the determination by a Magistrate of any question of disputed compensation under this section in like manner as if the determination was given in the exercise of the summary jurisdiction of a Magistrate in a civil matter under the provisions of the Magistrate's Code of Procedure Act, and for the purposes of the appeal the determination of the Magistrate under this section shall be deemed to be a decision of the Magistrate within the meaning of section 141 of the said Act. PROVISIONS GOVERNING ASSESSMENT OF COMPENSATION, ETC. 19. Subject to the provisions of this Act the following rules shall apply to the assessment and award of compensation by a Board for the compulsory acquisition of land: ( a) the value of the land shall, subject as hereinafter pro­ vided, be taken to be the amount which the land, in its condition at the time of acquisition, if sold in the open market by a willing seller, might have been expected to have realised at a date twelve months prior to the date of the second publication in the Gazette of the declaration under section 3; but this rule shall not affect the assess­ ment of compensation for any damage sustained by the person interested by reason of severance, or by reason LAWS OF DOMINICA Land Acquisition Chap. 53:02 of the acquisition injuriously affecting his other prop­ erty or his earnings, or for disturbance, or any other matter not directly based on the value of the land; ( b) the special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which the land could be applied only in pursuance of statutory powers not already granted, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any Government department; ( c) where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court oris contrary to law or is detrimental to the health of the inmates of the premises orto public health, the amount of that increase shall not be taken into account; ( d) where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Board is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement; (e) no allowance shall be made on account of (i) the acquisition being compulsory or the degree of urgency or necessity which has led to the acquisi­ tion; (ii) any disinclination of the person interested to part with the land acquired; (iii) any damage sustained by the person interested which, if caused by a private person, would not render such person liable to an action; (iv) any damage, not being in the nature of deprivation of or interference with an easement, servitude or legal right, which, after the time of awarding com­ pensation, is likely to be caused by or in conse­ quence of the use to which the land acquired will be 15 L.R.0.111991 16 Special rules as to severance. Interest. Rules as to costs. [9 of 1971). Chap. 53:02 LAWS OF DOMINICA Land Acquisition put, but nothing herein shall prejudice any claim under this Act for damage subsequently sustained in consequence of the use to which the land acquired is put; (v) any increase to the value of the land acquired likely to accrue from the use to which the land acquired will be put; (vi) any outlay or improvement of the land which has been made, commenced or effected within twelve months before the publication of the declaration under section 3, with the intention of enhancing the compensation to be awarded thereforin the event of the land being acquired for public purposes. 20. As to severance, compensation may be assessed on the footing that any specified works, crossings or access agreed to on behalf of the Minister shall be erected, provided and allowed, and any such agree­ ment shall be reduced into writing and be signed by the Chairman and shall be valid and effectual and binding on the parties. 21. The Board, in awarding compensation, may add thereto interest at the rate of six per cent per annum, calculated from the date upon which the authorised officer entered into possession of the land acquired until the date of the payment of the compensation awarded by the Board. 22. (1) The authorised officer shall pay to the claimant such reason­ able costs as may have been incurred by him in or about the preparation and submission of his claim; but in no case shall an amount exceeding five hundred dollars be payable by the authorised officer, by way of costs to any claimant in respect of a claim made under this Act. (2) Subject to the provisions of subsection ( 1 ), where an uncon­ ditional offer in writing of any amount as compensation has been made to any claimant by or on behalf of the authorised officer and the sum awarded as compensation does not exceed the amount offered, the Chairman shall, unless for special reasons he thinks it proper not to do so, order the claimant to bear his own costs and to pay the costs of the authorised officer so far as the costs of the authorised officer were incurred after the offer was made; and, where the claimant has failed to LAWS OF DOMINICA Land Acquisition Chap. 53:02 put forward a proper claim in sufficient time to enable the authorised officer to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer had been made by or on behalf of the authorised officer at the time when, in the opinion of the Board, a proper claim should have been put forward and the claimant had been awarded a sum not exceeding the amount of the offer. (3) Subject to the provision of subsection (1), where a claimant has made an unconditional offer in writing to accept an amount as compensation and has put forward a proper claim in sufficient time to enable the authorised officer to make a proper offer, and the sum awarded is equal to or exceeds that amount, the Chairman shall, unless for special reasons he thinks it proper not to do so, order the authorised officer to bear his own costs and to pay the cost of the claimant so far as the costs of the claimant were incurred after the offer was made. ( 4) Subjectto the preceding provisions of this section, the costs shall be in the discretion of the Chairman who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and he may in any case direct the costs to be taxed by the Registrar of the High Court. (5) The mode of enforcing any order as to costs shall be in the manner prescribed by the practice of the High Court. (6) Where the Chairman orders the claimant to pay the costs or any part of the costs of the authorised officer, the authorised officer may deduct the amount so payable by the claimant from the amount of any compensation which may be'payable to him. MISCELLANEOUS 17 23. (1) Where there is no person competent to alienate land or to Absentee owners. receive orto give a sufficient discharge for any compensation awarded, or where any person interested in land, by reason of his absence from the State and of his not being represented therein by a duly authorised attorney, does not submit a statement to or appear before the authorised officer as required by section 7, and where such person after diligent inquiry cannot be found, the authorised officer shall pay the compensa tion into the High Court to the credit of the person entitled thereto. (2) Any compensation paid into the High Court by virtue of this section may, on the subsequent application of any person claiming to be entitled thereto, be paid out to such person on the orderofa Judge of the Court. L.R.0.111991 18 Compensation to persons interested in adjacent land. Special provisions as to leases. LAWS OF DOMINICA Chap. 53:02 Land Acquisition (3) All moneys paid into the High Court under the provisions of this section, which remain unclaimed for twelve years after the payment shall be transferred and paid into the Treasury as revenue and all legal claims thereto shall be forever barred. 24. A person interested in any land which, without any portion thereof being compulsorily acquired, has been damaged by the erection or construction on land compulsorily acquired of any works in respect of which the land was acquired, is entitled to compensation in respect of the damage; but compensation shall not be payable under this section in respect of any damage which, if caused by a private person, would not render such person liable to an action. 25. (1) If any land is comprised in a lease for a term of years unexpired and part only of the land is acquired compulsorily, the rent payable in respect of the land comprised in the lease may, on the application of the lessor or the lessee to a Judge of the High Court, be apportioned between the land acquired and the residue of the land. (2) After the apportionment the lessee is, as to all future accru­ ing rent, liable to pay only so much of the rent as is so apportioned in respect of the residue of the land, and as to the residue of the land, and as against the lessee, the lessor shall have all the same rights and remedies for the recovery of such portion of the rent as previously to the apportionment he had for the recovery of the whole rent reserved by the lease, and all the covenants, conditions, and agreements of the lease, except as to the amount of rent to be paid, shall remain in force with regard to the residue of the land in the same manner as they would have done in case the residue of the land only had been included in the lease. (3) Where it is shown that the compulsory acquisition of a portion ofland comprised in a lease has rendered the residue unsuitable for the purpose for which the land was leased or where in the circum­ stances the Judge considers it just to do so the Judge may rescind the lease altogether; and in such case the lessee is only liable to pay the rent due at the date of the occurrence of the circumstance on which the rescission order is based. ( 4) Where as the result of the rescission of lease the lessor or lessee suffers any loss or injury he is entitled to compensation as hereinbefore provided in this Act. LAWS OF DOMINICA Land Acquisition Chap. 53:02 26. When any question arises touching the title of any person to any land which may be entered upon or acquired for the purposes of this Act, or touching any estate or interest therein, the person having the osten­ sible possession or enjoyment of the rents and profits of the land shall, for the purposes of this Act, be deemed to be the ownerof the same until the contrary is proved. 19 Persons in possession to be deemed owners. 27. (1) Every assessor shall receive for his services such fee as the Fees and expenses of Minister, on the recommendation of the Chairman, may direct. Board. (2) The Minister may also authorise the reimbursement of the travelling and subsistence expenses incurred by the Chairman and members of a Board appointed under this Act. 28. All reasonable costs, charges, and expenses incurred by the owners of the land or persons interested therein for all conveyances and assurances of any lands purchased or acquired, and of any outstanding terms of interest therein, and of deducing, evidencing and producing title to such lands, terms and interest, and of making out such abstracts and attested copies as the authorised officer may require, shall be paid by the authorised officer. Coveyancing, etc., cost to be paid by author­ ised officer. 29. All amounts which have been awarded by way of compensation Payment 0 : under this Act, including interests and costs to be paid by the authorised compensauon, etc. officer, and all other costs, charges and expenses which are incurred under the authority of this Act, shall be paid out of the Consolidated Fund of the State on the warrant of the Minister. 30. Notwithstanding anything in any Act to the contrary, no instru- Exemption from mentor document relating to anything lawfully done under, or for the ;:;P duty a nd purposes of this Act, is chargeable with any stamp duty, registration or recording fee. 31. Except with the approval of the Minister in any case in which he considers that injustice may otherwise be done, no claim for compen­ sation which may be made under the provisions of this Act shall be admitted or entertained unless the claim is made within twelve months after the date on which entry has been made on the land under section 4 or, if a declaration has been made under section 3, within a similar period after the date of the second publication of the declaration. Limitation of time for making claims. L.R.O. 111991 20 Assaulting or obstructing officer. Saving. L.l. Cap. 91, 1927,Rev. LAWS OF DOMINICA Chap. 53:02 Land Acquisition 32. Any person who ( a) assaults or obstructs or aids and abets any person in assaulting orobstructing the authorised officeror any of his agents, assistants or workmen in the execution of his or their duty under this Act; or (b) opposes or impedes the lawful occupation or taking of possession of any land under this Act, is liable on summary conviction, to a fine of three thousand dollars or to imprisonment for three months. 33. The repeal of the Acquisition of Land Act effected by this Act shall not prejudice or affect ( a) the operation of any resolution, direction, notice or order issued or made before the coming into operation of this Act under the Act hereby repealed; and ( b) any action, suit, matterorproceeding, or any transaction commenced and pending before the coming into op­ eration of this Act under the Act hereby repealed.