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Expropriation for Public Utility Act [Cap 36].

Country/Territory
Vanuatu
Document type
Legislation
Date
1964 (2006)
Source
FAO, FAOLEX
Original source
Laws of the Republic of Vanuatu, Consolidated Edition of 2006.
Long title
An Act to provide for the expropriation of immovable property for the purposes of public utility.
Subject
Land & soil
Keyword
Land tenure Expropriation Land valuation Servitude Legal proceedings/administrative proceedings
Geographical area
Asia and the Pacific, Least Developed Countries, Melanesia, Oceania, Small Island Developing States, South Pacific
Abstract

This Act provides for the acquisition of land or rights in land for public purposes. Expropriation of immovable property for the purposes of public utility shall be effected by order of the Supreme Court, which shall only make an order of expropriation when the procedure laid down by this Act has been complied with. Expropriation may be ordered only after the Minister responsible for public works has by Order declared the transaction of public utility and other procedures set out in sections 4 to 12 are carried out. Before possession may be taken of immovable property which has been expropriated, fair compensation shall be paid. The Public Works Department assisted by the Survey Department shall prepare a plan showing the different areas affected by the works and the parts to be acquired. Section 13 specifies the procedure of expropriation where the property is not registered. Any person who considers his rights infringed by the expropriation proceedings may file a caveat at the Supreme Court Registry (sect. 14). Sections 15 and 16 concern court proceedings. Sections 18 to 26 specify procedures for the payment of compensation for expropriation. (27 sections)

Full text
English
Website
www.paclii.org