Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Lands Acquisition and Compensation Act (Chapter 58:04).

Country/Territory
Malawi
Document type
Legislation
Date
1970 (2017)
Source
FAO, FAOLEX
Long title
An Act to provide for the acquisition of land and compensation; and for incident matters.
Subject
Land & soil
Keyword
Expropriation Inspection Land tenure Land valuation Liability/compensation Private land Property rights Public land
Geographical area
Africa, Eastern Africa, Landlocked Developing Nations, Least Developed Countries
Abstract

The Act is organised in IV Parts. Part 2 regulates the acquisition of land; the Minister, previous preliminary investigation and notice, may acquire land for public utility either compulsorily or by agreement, and pay compensation therefor as may be agreed or determined under this Act. Part IIA regulate the compensation; compensation can be agreed or assessed. Assessment of appropriate compensation shall be done by an independent valuer appointed by the Minister. Calculation shall be done on the following grounds: loss of occupational rights; loss of land; loss of structure; loss of business; relocation costs; loss of good will; costs of professional advice; nuisance; loss or reduction of tenure; or disturbances, if it is not too remote and is a natural and reasonable consequence of the disposition of the land. Section 10A provides the list of matters to be taken into consideration in assessing the amount of compensation for alienated land, these include: the market value of the land, or interest (b) the damage, if any (c) if, in consequence of the matters giving rise to the claim, the claimant is compelled to change his residence or place of business; (d) any increase in the value of the land or other benefit likely to accrue (e) the relief obtained by the claimant as a result of the taking of the land against the necessity of carrying out any order or direction against the land made under any law. Where a notice to acquire any land under this Act has been published such land shall revert to the Government as public land within two months of the publication of such notice.

Full text
English
Website
malawilii.org

References - Legislation

Implemented by

Lands Acquisition and Compensation Regulations, 2020.

Legislation | Malawi | 2020

Keyword: Liability/compensation, Dispute settlement, Expropriation, Land tenure, Private land, Property rights, Public land

Source: FAO, FAOLEX