Land Acquisition Ordinance

CHAPTER 153. GRENADA. AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF LAND FOR PUBLIC PURPOSES. [6th October, 1945.] 1. This Ordinance may be cited as the LAND ACQUISITION ORDINANCE. Interpretation. 2. In this Ordinance, unless the context otherwise requires, the foHowing expressions shall have the meanings hereby assigned to tllem "authorized officer" means any person who may from time to time be appointed as such by the Governor for the purposes of this Ordinance; " person interested" means every person claiming, or entitled to claim, compensation under this Ordinance: Provided that a tenant by the month or at will shall be deemed not to be a person interested for the purposes of this Ordinance. Acquisition of Land and Abandonment of Acquisition. 3. (1) If the Governor in Council considers that any land should be acquired for a public purpose he may cause a declaration to that effect to be made 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. Ordinances No.3 of 1945. No. 17 of 1958. Short title. Intel'preta non. Acqutsitton of land. 2052 Land Acquisition. [Cap. 153 Prelllldllary notification iliid power to ,'111('1" laud. (2) Every declaration shall be published in two ordinary issues of the Gazette and copies thereof 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 situate, and in Lhe declaration shall be specified the following particulars relating to the land which is to be acquired (rz) 1he parish or district in which the land is situate ; (b) a description of the land, givmg the approxi mate 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. (:·n Upon the second publication of the declaration in the Gazette as aforesaid the land shall vest absolutely in the Crown. (4) Nothing in this section shall be deemed to prevent the acquisition of lands for public purposes by private treaty. 4. If it appears to the Governor in Council that any land is likely to be required for any purpose which, in the opinion of the Governor in Council, is a public purpose and it is necessary to make a preliminary surveyor 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 authorized officer (and his agents, assistants and workmen) to do all or any of the following things, that is to say (u) 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 sub-soil of such land; Land Acquisition. 2053 (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 the work, if any, proposed to be done thereon ; (e) to mark levels and lines by placing marks and cutting trenches; (f) 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 Ior, any of the purposes aforesaid: Provided that the authorized officer shall not enter into any building, or into or upon any enclosed yard, court, 01' garden attached to a dwelling house, except at all reasonable hours and, except with the consent of the occupier thereof, without previously giving to such occupier at least seven days notice in writing of his intention to do so : Provided further that compensation shall be 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 and shall be assessed and paid (i) in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or under section 16 of this Ordinance, as though it were compensation payable under this Ordinance for the acquisition of the land; (ii) in so far as it relates to land the compulsory acquisition of which is subsequently completed under section 3 of this Ordinance, as though it were part of the compensation for the acquisition of the land. 2054 Land Acquisition. [Cap. 153 Power to apply land to purposes of neqlli~itiol1 wtthou t wui t ruu lor formal vesttng. Authcll'!:.<ed officer to t rcu t with lll.tulflW11Cr. Boundaries of land and issue ar notrce of ucqutstt.ton , ;). If, at any time after the publication of a notification in accordance with the provisions of section 4 of this Ordinance, it appears to the Governor in Council that the land 01' some parcel of the land to which it refers should· be acquired but that for any reason it is not possible to make an immediate declaration to that effect, it shall be lawful for the Governor to direct the authorized officer to do any work on the land or parcel thereof connected with the use to which the land is intended to be put on its acquisition, and thereupon the authorized officer may proceed with the execution of the work : Provided that compensation shall be paid to the persons interested for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section and shall be determined in the same way as compensation for actual damage or injury resulting from the exercise of the powers conferred by section 4 of this Ordinance. 6. (1) As soon as any declaration has been published in accordance with the provisions of section 3 of this Ordinance, the authorized 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 shall not be necessary for the authorized officer to await the publication of the declaration before he endeavours to ascertain from the owner the terms and con ditions on which he is willing to sell the 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 GOVernor. 7. (1) As soon as may be after any land has been acquired compulsorily, the authorized officer shall, if the boundaries of the land have not been set out or if 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 the provisions of this section. Land Acquisition. ~055 (2) Every notice of acquisition under this section shall s-. (a) state the decision of the Governor 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 subsection (2) of section 3 of this Ordinance; and (c) require all persons interested, as soon as is reasonably practicable, either (i) to appear personally or by attorney or agent before the authorized 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, dis tinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated; or (ii) to render to the authorized officer a statement in writing, signed by them or by their attorneys or agents, setting forth the like matters. (3) The authorized officer shall cause a copy of the notice of acquisition to be served either personally on, or by post addressed to the last known place of abode or business of, every person who is known or believed by the authorized officer to be entitled to compensation in respect of the acquisition, and whose whereabouts are known to the authorized officer : Provided that where the whereabouts of any such person are not known, the authorized officer shall cause copies of such 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 situate. (4) Any person who, without lawful authority or excuse, removes or destroys any landmark placed, or removes or -detaces or destroys any notice posted or exhibited, by the authorized officer in or upon the land 01' any building thereon 2056 Land Acquisition. Aut.nortzed oUicet' may rcqutre In formation as to Interests In land. Claim of person In terested to have land ,;'"",1 or nball'j',llled. Abnndon men t of rreq utstLion. in accordance with the provisions of this Ordinance, shall be liable on summary conviction, to i.i fine not exceeding ninety-six dollars or to imprisonment for a term not exceeding t.luec munl.hs. 8. (1) The authorized officer may, by notice served personally, or by post addressed to the last known place of abode or business of the person concerned, require the owner or occupier of, or any person interested in, any land, or in any part thereof, in respect of which a declaration or a notification has been published in the Gazette under section ;:\ or section 4 respectively of this Ordinance, 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 ill the land, or any part thereof, whether as partner, mortgagee, lessee, tenant or otherwise, and the nature of such interest. (2) Every person who is required to make and deliver a statement under this section and Who, without reasonable excuse, refuses to make or deliver such statement, or Wilfully makes any such statement which is false or incomplete in any material particular, shall be liable on summary conviction, to a fine not exceeding ninety-six dollars or to imprisonment for a term not exceeding three months. 9. If within three months after entry has been made on any lanel under the provisions of section 4 of this Ordinance, such land shall not be acquired or abandoned, any person interested in the land or any part thereof may serve a notice on the authorized officer requiring that the acquisition of the land or part thereof be completed or abandoned, and, if within one month thereafter, the acquisition of such land or part thereof be not completed or abandoned in accordance with the provisions of this Ordinance, 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 Governor may, by notification published in Land Acquisition. 2057 the Gazette, declare that the intended acquisition of such laud L} ~l:.;:11l1.hJ11ej. (2) When the acquisition of any land is abandoned in accordance with the provisions of this section, or is deemed to have been abandoned under section 9 of this Ordinance, any compensation payable by virtue of this Ordinance shall, in default o~ agreement, be assessed as though it was com pensation payable under this Ordinance for the acquisition of land. (31 No compensation shall be payable in any such case for loss of bargain or for damages for breach of contract. Appomtment and Potters of Board of Assessment. 11. (1) All questions and claims relating to the payment of compensation under this Ordinance and to the apportion ment 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 of this Ordinance. (2) A Board of Assessment shall have full power to assess, award and apportion compensation in SUC~1 cases, in accordance with the provisions of this Ordinance. 12. ( 1) As soon as it becomes necessary to do so the Governor 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 Ordinance shall in every case be constituted of (a) a Judge of the Supreme Court, who shall be the Chairman of the Board (hereinafter referred to as " the Chairman ") ; (b) a member to be appointed by the Governor; and (c) a member to be nominated by the owner of the land to be acquired: Determina tion of quest.ions by Board of Assessment. Appointment "t Board of Assessmen t , 2058 Land Acquisition. [Cap. 153 DOCUluents. etc., to be forwarded to the Board. Provided that where in any case the Governor 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 such nomination, or where the persons interested in the land have failed to agree upon such nomination, the Governor, 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. 13. (1) Upon the appointment of a Board, or where proceedings are taken before a Magistrate for the deter mination of any question relating to the payment of compensation, the authorized 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; (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 whom the authorized officer has reason to believe are interested in the land; and (f) a copy of the report required by this section. (2) The report to be Bent to the Board shall state the opinion of the authorized officer, and his reasons for such opinion, upon each of the following matters (a) what is a fair and proper' description of the Cap. 15:~] Land Acquisition. 2059 land acquired, 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 Ordinance; (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 com pensation among the persons interested in the land, in respect of their interests. (3) the authorized 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 Ordinance which mayor may not be taken into consideration in assessing compensation. 14. Where a Board has been appointed under this Ordinance, the Board shall hold an inquiry' at a place, date and time to be fixed by the Chairman, of which not less than fourteen dear days notice shall be given to the parties concerned. and every such inquiry shall be conducted 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 Civil Procedure Ordinance, and the procedure of t11'2 Supreme Court in civil proceedings, so far as the same :11'(' anplieable, shall apply to such inquiry: Provided that in the case of any doubt arising on any question of practice and procedure the same may' be settled by the Chairman. ]6. The Board, or any person authorized by them, may at any time before, during or after an inquiry under this Inquiry by Board. Procedure at Inquiry. Cap. 58. Power or entry for purpose of Inquiry. 2060 Land Acquisition. [Cap. 153 Award or Board. Procedure where claim for compen sation does not: exceed rertain H.1110\llltS Ordinance, enter upon and inspect any land for any purpose connected with such inquiry. 17 . (1) At the conclusion of the inquiry the Board shall decide upon the claims for compensation and apportionments submitted to them and shall make an award under the hand of the Chairman who shall cause the same to be filed in the Supreme Court. (2) The decision of the majority of the members of the Board with respect to the compensation to be paid shall be deemed to be the decision of the Board and, if all the members of the Board differ, the mean between the amount decided upon by the Chairman and that one of the amounts decided upon by the two other members of the Board which approximates most nearly to the amount decided upon by the Chairman shall be deemed to be the compensation awarded by the Board. (3) Subject to the provisions of the Leeward Islands and Windward Islands (Courts) Order in Council, 1939 (Imperial), and of any order made under the authority of the same, an appeal shall lie against a decision of the Board to the Court of Appeal for the Windward Islands and Leeward Islands. Determination of small Claims tor compensation. 18. (1) Anything in any Ordinance to the contrary notwithstanding, in any case in which the compensation claimed does not exceed two hundred and forty dollars, and in any case in which the compensation claimed does not exceed four hundred and eighty dollars and, in the latter case, the parties agree in 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) It shall be lawful for any Magistrate, upon the application of either party with respect to any question of disputed compensation in either of the cases mentioned in the preceding subsection, to summon the other party to appear before him at a time and place to be named in such Land Acquisition. 2061 summons and to hear and determine such question of dis pnted compcnsa tion. (:3) 1<'u1' the purposes of any proceeding under this section (a) the procedure to be followed thereat, the sum moning and remuneration of witnesses and all ques tions incidental to such proceeding shall be governed by any Ordinance for the time being in force relating to the recovery of claims before a Magistrate and all the provisions of any such Ordinance shall apply mutatis mutandis to any such proceeding; and (b) the provisions of Part VIII of the Civil Procedure Ordinance shall apply with such verbal alteration (not affecting the substance) as may be necessary to ma ke 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 such determination was given in the exercise of the summary jurisdiction of a Magistrate in a civil matter under the provisions of the Magistrates Judgments (Appeals) Ordinance, and for the purposes of such appeal the determination of the Magistrate under this section shall be deemed to be a judgment of the Magistrate within the meaning of section 3 of the said Ordinance. Provisions Governing Assessment of Compensation. 19. Subject to the provisions of this Ordinance, 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 herein after provided, be taken to be the amount which the land, if ::)U!d in the open market by a Willing seller, might have been expected to have realized at a date twelve months prior to the date of the second publica , tion in the Gazette of the declaration under section 30f this Ordinance: Cap. 55. Cll'p.178. Rules tor assessment of Compeusa tton. 2062 Land Acquisition. [eup. 153 Provided that 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 of the acquisition injuriously affecting his other property or his earnings, or for disturbance, or any other matter not directly based on the value of the land; (lJ) 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, 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, or is contrary to law, or is detrimental to the health of the inmates of the premises or to 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 SOlTIC' (ltll('r place is bona fide intended, be assessed on tho basis of the reasonable cost of equivalent reinstate ment; (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 Cl cquisi tiou ; (Ii) any disinclination of the person interested to part with the land acquired; (~ap. 153] Land Acquisition. 2063 (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 or legal right, which, after the time of awarding compensation, is likely to be caused by or in con sequence of the use to which the land acquired will be put; (v) any increase in 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 such land which shall have been made, commenced or effected within twelve months before the publication of the declaration under section 3 of this Ordinance with the intention of enhancing the compensation to be awarded therefor in the event of such 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 Governor shall be erected, provided, and allowed, and any such agreement 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 five per centum per annum, calculated from the date upon which the authorized officer entered into IJ"'icssion of the land acquired until the date of the payment of the compensation awarded by the Board. 22. (1) The authorized officer shall pay to the claimant the reasonable costs incurred by him in or about the preparation and submission of his claim, unless the Chairman considers that the claimant has failed to put forward a proper claim within a reasonable time after the service of the notice under section 7 of this Ordinance or that Special ruie as to severance, Interest. Rules as to costs, 20G4 Land Acquisition. [Call. 153 the claim put forward is grossly excessive or that he has been a party to some deceit or fraud in respect of his claim. (2) SUbject to the provisions of subsection (1) of this section, where an unconditional offer in writing of any amount as compensation has been made to any claimant by or on behalf of the authorized 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 authorized officer so far as the costs of the authorized officer were incurred after the offer was made, and, where the claimant has failed to put forward a proper clairn in sufficient time to enable the authorized 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 authorized officer at the time when, in the opinion of the Chairman, a proper claim should have been put forward and the claimant had been awarded a sum not exceeding the amount of such offer. (3) Subject to the provisions of subsection (1) of this section, where a claimant has made an unconditional offer in writing to accept any amount as compensation and has put forward a proper claim in sufficient time to enable the authoiivcd 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 authorized officer to bear his own costs and to pay the costs of the claimant so far as the costs of the claimant were incurred after the offer was made. (4) Subject to the provisions of the preceding subsections 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 such costs to be taxed by the Registrar of the Supreme Court. (5) The mode of enforcing any' order as to costs shall be in the manner prescribed by the practice of the Supreme Court. Cap. 15:~] Land Acquisition. 2065 (6) Where the Chairman orders the claimant to pay the costs or any part of the costs of the authorized officer, the authorized officer may deduct the amount so payable by the claimant from the amount of any compensation which may i,' payable to him. Miscellaneous. 23. (1) Where there is no person competent to alienate land or to receive or to give a sufficient discharge for any compensation awarded, or where any person interested in land, by reason of his absence from the Colony and of his not being represented therein by a duly authorized attorney, does not submit a statement to or appear before the authorized officer as required by section 7 of this Ordinance ~nd where such person, after diligent inquiry, cannot be found, the authorized officer may pay the compensation into the Supreme Court to the credit of the person entitled thereto. (2) Any compensation paid into the Supreme 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 order of a Judge of the Court. (3) All moneys paid into the Supreme Court under the provisions of this section which remain unclaimed for twelve years after such payment shall be transferred to the general revenue of the Colony, and all claims thereto shall be for ever barred. 24. A person interested in any land Which, without any portion thereof being compulsorily acquired, has been injuriously affected by the erection or construction on land compulsorily acquired of any works in respect of which the land was acquired, shall be entitled to compensation in respect of such injurious affection: Provided that compensation shall not be payable under this section in respect of any injurious affection which, if caused by a private person, would not render such person liable to an action. Absentee owners, Compensa tion to persons In teresterl In adjacent! land. 2066 Land Acquisition. [Cap. 153 Specr.rl pro vi:-..ii()tl~j as to Ica ~;(.:; Persons in posseseton to be deerued owu crs. Pees and expenses or Board. 25 . (1) If any land shall be comprised in a lease for a term of years unexpired and part only of such land shall be acquired compulsorily, the rent payable in respect of the land comprised in such lease may, on the application of the lessor or the lessee to a Judge of the Supreme Court, be apportioned between the land acquired and the residue of the land. (2) After such apportionment the lessee shall, as to all future accruing rent, be liable to pay only so much of the rent as shall be 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 such apportionment he had for the recovery of the whole rent reserved by such lease, and all the covenants, conditions and agreements of such 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. 26. Where any question shall arise touching the title of any person to any land which may be entered upon or acquired for the purposes of this Ordinance or touching any estate or interest therein, the person having the ostensible possession or enjoyment of the rents and profits of such land shall, for the purposes of this Ordinance, be deemed to be the owner of the same until the contrary is proved. 27. (1) Every assessor shall receive for his services such fee as the Governor, on the recommendation of the Chairman, may direct. (2) The Governor may also authorize the reim bursement of the travelling and subsistence expenses incurred by the Chairman and members of a Board appointed under this Ordinance. Cap. 15~~] Land Acquisition. 2067 28. All reasonable costs, charges, and expenses incurred by the owners of lands or persons interested therein for all ,unveyanccs, and assurances of any lands purchased Of acquired, and of any outst. , ding terms of interest therein, and of deducing, evidencing and producing title to such lands, terms or interest, and of making out such abstracts and attested copies as the authorized officer may require, shall be paid by the authorized officer. Z!}. All amounts which have been awarded by way of compensation under this Ordinance, including interest and costs to be paid by the authorized officer, and all other costs, charges and expenses which shall be incurred under the authority of this Ordinance, shall be paid out of the Treasury of the Colony on the warrant of the Governor. :W. Anything in any Ordinance to the contrary .iotwtth standing, no instrument or document relating to anything lawfully done under, or for the purposes of this Ordinance, shall be chargeable with any stamp duty, registration or recording fee. :lI . Except with the approval of the Governor in Council in any case in which he considers that injustice may otherwise be done, no claim for compensation which may be made under the provisions of this Ordinance shall be admitted or entertained unless the same shall be made within twelve months after the date on which entry has been made on the land under section 4 of this Ordinance or, if a declaration has been made under section 3 of this Ordinance, within a similar period after the date of the second publication of such declaration. Any person who (a) assaults or obstructs or aids and abets any person in assaulting or obstructing the authorized officer or any of his agents, assistants or workmen in the execution of his or their duty under this Ordinance; or Convey ancing, &c., costs to be paid by aut.hortzed ornce-. Payment or C0I11penSa", tion..\.:c. Exerupt.Ion from stamp duty and fees. Limitation or time for makmg clrums. Assaulting or obstruct.mg orncer. 2068 Land Acquisition. [Cap. 153 (b) opposes or impedes the lawful occupation or taking of possession of any land under the provisions of this Ordinance, shall be liable, on summary conviction, to a fine not exceeding two hundred and forty dollars or to imprisonment with 01' without hard labour for a term not exceeding three months.