Land Act Adolwine PDF

Section 233—Power of the State to compulsorily acquire land for public purposes (1) The State may compulsorily acquire any land where the acquisition of that land is necessary 97 (a) for a public purpose and in the interest of defence, public safety, public order, public morality, public health,...

Section 233—Power of the State to compulsorily acquire land for public purposes (1) The State may compulsorily acquire any land where the acquisition of that land is necessary 97 (a) for a public purpose and in the interest of defence, public safety, public order, public morality, public health, town and country planning, resettlement purposes or for the running of essential services; (b) for a road, a highway, a railway, a bridge, a pipeline, a canal, a dam, a sewerage system or any public utility service; or (c) in order to secure the development or utilisation of that land or other land in a manner that promotes the public benefit. (2) The necessity for the acquisition shall be clearly stated and shall provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property. (3) Prompt payment of fair and adequate compensation shall be made for the acquisition. (4) Acquisition of land by the State shall be by the publication of an Executive Instrument in the Gazette which shall specify the nature, extent and location of the land acquired and the purpose of the acquisition. Section 234—Acquisition of land by purchase or gift (1) The State may, with the agreement of the owner of any land required for public purposes, purchase that land, for a consideration that may be agreed upon by the parties. (2) The State may accept land as a gift from the owner of the land and the land shall, where the donor specifies a purpose for the gift, be used for the purpose determined by the donor. (3) The Lands Commission shall prepare and publish standard practice guidelines for the conduct of purchase of land for the State and acceptance of gift of land by the State. (4) Where the State acquires land by purchase or gift, the notice of instrument relating to the purchase or gift shall be published in the Gazette and that shall be conclusive proof of the acquisition. Section 235—Allocation of public land (1) Where land is acquired by the State, the allocation of the land shall be for the purpose for which the land was acquired or in the public interest and in accordance with Regulations made under this Act. (2) The State shall not grant a freehold interest or a perpetually renewable lease of public land to a person. (3) Where public land is allocated to a public body that is capable of holding title to land, the Lands Commission shall issue a Certificate of Allocation as specified in Form 22 of the Third Schedule to the public body. (4) The Certificate of Allocation grants a user right only and does not confer on the beneficiary institution the right to create or transfer an interest in the land. (5) Where the land acquired by the State is not used in the public interest or for the purpose for which the land was acquired the owner of the land immediately before the compulsory acquisition shall be given the first option of acquiring the land and shall, on the re-acquisition, 98 refund the whole or part of the compensation paid to that owner as provided for by law or such other amount as is commensurate with the value of the land at the time of the re-acquisition. Section 236—Unlawful occupation or sale of public land (1) Despite the provisions of the Limitation Act, 1972 (N.R.C.D 54) and any other law, a person who unlawfully occupies public land does not acquire an interest in or right over that land by reason of the occupation. (2) A person shall not acquire by prescription or adverse possession an estate or interest in public land. (3) A person who unlawfully appropriates, sells or conveys public land commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than ten thousand penalty units or to a term of imprisonment of not less than seven years and not more than fifteen years or, to both. (4) A person who, without reasonable excuse, the proof of which lies on that person, occupies or in any manner encroaches on or interferes with public land commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand penalty units or to a term of imprisonment of not less than one year and not more than three years or, to both. (5) Where a person unlawfully occupies or encroaches on or interferes with a public land, the appropriate agency or a duly authorised agent of the appropriate agency may, in writing, serve a notice on the person personally or by affixing the notice to a part of the land affected, requiring that person to vacate the land within a period of not less than twenty-one days from the date of the notice. (6) Where the person refuses or fails to vacate the land within the period specified in the notice referred to in subsection (5), the appropriate agency or a duly authorised agent of the appropriate agency may (a) eject that person from the land; (b) confiscate or remove all goods of the person from the land; (c) abate any nuisance or terminate any interference caused by that person on the land; or (d) confiscate or demolish or remove any structure or obstacle on the land. (7) The appropriate agency or a duly authorised agent of the appropriate agency may use reasonable force that the agent considers necessary for the purpose of carrying out any of the measures specified in subsection (6). (8) The appropriate agency or a duly authorised agent of the appropriate agency is not liable in civil action under this section in respect of an act done in good faith in the execution or intended execution of a provision of this section. (9) This section does not constitute a bar to any other remedy which the appropriate agency may pursue under any enactment. (10) A person who 99 (a) obstructs an appropriate agency or a duly authorised agent of the appropriate agency acting in the exercise of a power or discharging a duty under subsection (6), (b) refuses or fails to comply with a requirement made by the appropriate agency or a duly authorised agent of the appropriate agency in the exercise of a power or the discharge of a duty under subsection (6), or (c) gives to the appropriate agency or a duly authorised agent of the appropriate agency exercising a power or discharging a duty under this Act, information which is false in a material particular, commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than six months and not more than twelve months or to both. (11) This Act does reasonably incurred by that agency in taking an action under subsection (6). (12) Where the appropriate agency fails to take effective action to prevent the encroachment or unlawful not prevent the appropriate agency from recovering from a person the expenses development of public land, any person whose interest in or enjoyment of the public land or land in proximity to the public land has been or is likely to be adversely affected by the encroachment or the unlawful development may commence action in court (a) to stop the encroachment or development of the land; or (b) to prevent the sale, transfer or allocation of the land for an unauthorised use. (13) A court action commenced under subsection (12) shall include the appropriate agency as a defendant. (14) In this section, "appropriate agency" means the Lands Commission, a District Assembly of the area in which the land is situated, or an organ or agency of the State or a statutory public corporation in which the public land is vested and allocated. Section 237—Lands Commission to act on behalf of the State The Lands Commission shall act on behalf of the State in the compulsory acquisition of land under this Act. Section 238—Availability of funds for payment of compensation (1) Compulsory acquisition of land shall not be undertaken or facilitated by the Lands Commission unless the intended user of the acquired land proves in writing to the satisfaction of the Commission that the funds for the payment of compensation and other costs associated with the acquisition have been paid into an interest yielding escrow account. (2) Despite subsection (1) where the intended user is a public body that is fully dependent on public funds, the public body shall obtain Cabinet approval and have an approved budgetary allocation for the payment of compensation and other cost associated with the acquisition before the commencement of the acquisition. (3) Where the intended user is a public corporation or a statutory corporation which is not a public service, the funds for the payment of compensation and other cost associated with the 100 acquisition shall be paid into an interest yielding escrow account before the commencement of the acquisition. (4) The escrow account shall be managed by the Lands Commission in trust for the intended user. (5) Where after payment of compensation and other costs associated with that acquisition there is a shortfall in the escrow account that shortfall shall be paid by the intended user to the Lands Commission and where there is a balance in the account that balance shall be paid to the intended user. Section 239—Compulsory acquisition procedure Compulsory acquisition by the State shall be in accordance with the procedures provided in sections 240 to 249. Section 240—Declaration of land intended for compulsory acquisition (1) Where the State decides that land is required for any of the purposes specified in section 233, a declaration as specified in Form 1 of the Fifth Schedule shall be published in the Gazette. (2) A declaration under subsection (1) shall lapse and cease to be of any effect on the expiry of two years after the date of publication of the declaration in the Gazette in so far as the declaration relates to any land or part of any land in respect of which the procedures for acquisition have not been concluded, all proceedings already taken or which are being taken in consequence of the declaration in respect of that land or that part of the land shall terminate or be of no effect. (3) Subsection (2) shall not apply where there is a dispute in respect of the land. (4) Despite subsection (2), the Lands Commission may, for good cause, before the expiry of the two-year period or within the time that the court may allow, apply to the Court for an extension of the period and the Court may extend the period for a further one year only. Section 241—Preliminary investigation (1) Where the State is satisfied that land in any locality is required for a public purpose, it shall be lawful for a person authorised by the Lands Commission and the staff and workmen of that person to (a) enter upon and survey and take levels of that land and adjoining lands in that locality; (b) dig through the subsoil for analysis; (c) undertake a valuation of that land; (d) do all other acts necessary to ascertain the suitability of that land for the intended public purpose; or (e) clear, set out and mark the boundaries of that land and the intended line of work, if any, proposed to be done on that land. 101 (2) A person who intends to enter any land to do any of the things described in subsection (1), shall give thirty days notice in the locality where the land is located, employing the appropriate media as the circumstances of the affected locality may dictate. (3) Without prejudice to subsection (2), an authorised person, staff or workman authorised by the Lands Commission shall not enter upon any land or premises except with the consent of the occupier. (4) Despite subsection (3), the authorised person, staff or workman authorised by the Lands Commission may enter into land or premises if consent to enter is not granted within fourteen days after the notice referred to in subsection (2). (5) On an entry under subsection (1), the authorised person, staff or workman shall pay for any damage caused by the entry and in case of a dispute as to the amount to be paid either that authorised person, staff or workman or the person claiming compensation may refer the matter to the Lands Commission and subsequently where that person is dissatisfied with the decision of the Lands Commission, that person may resort to arbitration under the Alternative Dispute Resolution Act, 2010 Section 242—Notice to a person with interest (1) Where the State decides to acquire land under this Act, the Lands Commission shall give notice as specified in Form 2 of the Fifth Schedule to a person who has an interest or claiming to have an interest in the land or to any other person that after reasonable enquiry may be known. (2) The notice referred to in subsection (1) shall be published in the Gazette. (3) A notice under subsection (1) shall be served on a person who claims an interest in the land or be left at their last or usual place of abode or business, (a) where the person is absent from the country or the last or usual place of abode or place of business of that person cannot after reasonable enquiry be found, the notice shall be left with the occupier of the land or the agent of the occupier; or (b) where there is no agent, the notice shall be affixed on a conspicuous part of the land. (4) Where the person to be served is a corporation, company or firm, the notice shall (a) be left at the registered office of the corporation, company or firm in the country; (b) where an office cannot be found after reasonable inquiry, the notice shall be served on any principal officer or agent of the corporation, company or firm in the country; or (c) where there is no officer or agent, or where an officer or agent cannot be found, the notice shall be affixed at a conspicuous part of the land. (5) A notice required to be served under this section shall be published at least once in the Gazette and a daily newspaper of national circulation and a copy each shall be posted on the official notice board of the District Assembly and the Traditional Council and be affixed on a conspicuous part of the land. 102 (6) A notification under subsection (1) shall lapse if no action is taken pursuant to the notice within one year from the date of publication in the Gazette. (7) Despite subsection (6), the Lands Commission may publish a fresh notification under subsection (2) in respect of the land or part of the land in relation to which the notification has lapsed if the Commission is satisfied that the land or part of the land is likely to be needed for a public purpose. Section 243—Land to be demarcated, surveyed and entered on register Upon the publication of the notice pursuant to section 242 that any land is needed for the purpose specified in that notice, the Lands Commission shall (a) cause the areas to be affected by the compulsory acquisition to be demarcated and surveyed unless this has already been done to the satisfaction of the Lands Commission; and (b) make a note of the intended compulsory acquisition in the Land Register or Deeds Register. Section 244—Consultation with stakeholders (1) A compulsory acquisition of land shall not be undertaken by the State unless (a) the Lands Commission has consulted the persons with interest in the land to be affected and occupiers of the lands to be affected, the traditional authorities and community leaders, and (b) the concerns of the persons with interest in the land to be affected, occupiers, and community leaders have been taken into consideration. (2) The consultation shall be conducted in accordance with Regulations made under this Act. Section 245—Report of consultation (1) The Lands Commission shall prepare and publish a report of consultation in respect of the proposed acquisition. (2) A copy of the report made under subsection (1) shall be made available to the traditional authority and the District Assembly of the area in which the land is situate and any person identified to have an interest in the land and upon request to any person who claims to have an interest in the land. Section 246—Further survey (1) The Lands Commission may, by written authority, generally or specifically, authorise a land surveyor or a person, together with staff and workmen, to enter upon land in any locality specified in a notification published under section 242, to carry out further survey work that may be detailed in the written authorisation. (2) A person authorised under subsection (1) shall, on demand by the occupier of any land upon which the person enters, produce to the occupier, the written authority of that person together with a copy of the relevant notification. (3) A person authorised under subsection (1) shall not enter any premises unless 103 (a) the person has first sought and obtained the consent of the occupier of the premises; or (b) upon failure of the occupier to give consent, the person gives the occupier fourteen days' notice in writing of the intention of that person to enter the premises. Section 247—Withdrawal of State from acquisition (1) The State may withdraw from an intended compulsory acquisition of land by publishing a notice of the withdrawal in the same manner as in section 242. (2) Where there is a withdrawal under subsection (1), the Lands Commission shall (a) in consultation with the persons affected by the withdrawal determine the amount of costs and damages incurred by the persons affected; (b) reserve the right to forfeit an amount which is sufficient to defray the amount of costs and damages; and (c) deduct the amount determined from the deposit or escrow account. (3) Despite the withdrawal, a person adversely affected by the proposed acquisition may make a claim for compensation for any loss incurred by that person on account of restrictions imposed by the proposed acquisition on the use or enjoyment of the land. Section 248—Information on land use of scheduled land (1) For the purposes of assessing the amount of compensation, the Lands Commission shall request from the local planning authority information on the following matters: (a) whether the scheduled land is subject to any local plan under the Land Use and Spatial Planning Act, 2016 (Act 925), (b) if there is a local plan, the land use indicated in the local plan for the scheduled land; and (c) environmental considerations. (2) The local planning authority shall provide the information required within thirty days after the request has been made. (3) The information obtained by the Lands Commission under this section shall be conclusive evidence, for the purpose of valuing the scheduled land, with regard to the approved land use at the date of the acquisition. Section 249—Publication of Executive Instrument (1) Acquisition takes effect from the date of publication of the Executive Instrument referred to in subsection (4) of section 233. (2) A copy of the instrument made under subsection (4) of section 233 shall (a) be served personally on a person having an interest in the land or left with a person in occupation of the land; (b) be served on the traditional authority of the area in which the land is situate and that authority shall request the chief of the locality where the land is situated to notify the people of the area concerned; 104 (c) be affixed at a conspicuous place on the land; (d) be served on the District Assembly within the jurisdiction in which the land is situated; (e) be published on three consecutive occasions in a newspaper circulating in the district where the land is situate and in any other manner directed by the Lands Commission; and (f) be published on a local radio station within the area where the land is located. (3) Where the person who is to be affected by the acquisition is outside the district or region where the land is situate, a copy of the instrument shall be sent by registered mail to the last known address of that person. (4) On the publication of the instrument, under subsection (4) of section 233, the land shall, without further assurance, vest in the President free from any encumbrances. (5) An instrument which is not published in accordance with subsection (4) of section 233 is of no effect and any purported acquisition under that instrument is void. Section 250—Claimant (1) A person who claims a right or interest in land that is the subject of an instrument made under subsection (4) of section 233 or whose right or interest in that land is affected in any manner shall, within a period not exceeding six months from the date of the publication of the Instrument, submit in writing to the Commission (a) particulars of the claim or interest of that person in the land; (b) the manner in which the claim or interest of that person has been affected by the instrument of declaration; and (c) the amount of compensation claimed and the basis for the calculation of the compensation. (2) The person is entitled to make a submission under subsection (1) if that person is the holder of (a) an allodial title; (b) a customary law freehold; (c) a common law freehold; (d) a usufructuary interest; (e) a leasehold interest; (f) a customary tenancy; or (g) any other interest or right in relation to the land. Section 251—Service of notice (1) The Lands Commission shall, in addition to giving public notice as required by section 249 in respect of all scheduled land specified in the notice, serve copies of the notice in the manner specified in section 249 on (a) the occupier of the land; 105 (b) the registered proprietor of the land, where the person is not the occupier of the land; (c) any person having a registered interest in the land; and (d) any person who is known by the Commission or whom the Commission has reason to believe has an interest in the land. (2) An omission or failure to serve the notice upon a person specified under subsection (1) shall invalidate the assessment in respect of the person who was not served. Section 252—Notice of assessment (1) The Lands Commission shall, after completing the action required by section 251, assess compensation for the land by giving notice to the public and persons with interest in the scheduled land as specified in Form 3 of the Fifth Schedule, for the assessment of claims for compensation. (2) Each notice shall contain a description of the land specified in the instrument as published in the Gazette under section 233. Section 253—Assessment and payment of compensation (1) The Lands Commission shall assess the value of the interest in the scheduled land and the amount of compensation payable which shall be fair and adequate and issue a valuation report in respect of the assessment. (2) Where there is no dispute regarding the amount of compensation assessed and the person to whom the compensation is to be paid, the Lands Commission shall pay the assessed compensation promptly. (3) A person who is dissatisfied with the assessment of compensation by the Lands Commission may apply to the Lands Commission for a review of the assessment and where that person is still dissatisfied after the review, that person may refer the matter for resolution under the Alternative Dispute Resolution Act, 2010 (Act 798). (4) Subsection (3) does not take away the right of a person who is dissatisfied with a decision of the Lands Commission to resort to the High Court in accordance with paragraph (b) of clause (2) of article 20 of the Constitution. (5) An officer of the Lands Commission who intentionally overvalues or undervalues a scheduled land commits an offence and is liable on summary conviction to a fine of not less than two thousand penalty units and not more than twenty thousand penalty units or to a term of imprisonment of not less than two years and not more than twenty years or to both. Section 254—Conflicting claims of interests and rights (1) Where there is a dispute as to the right or interest in land claimed, the claimants or the Lands Commission may refer the matter for resolution under the Alternative Dispute Resolution Act, 2010 (Act 798). (2) Subsection (1) does not take away the right of a claimant to resort to the High Court in accordance with paragraph (b) of clause (2) of article 20 of the Constitution. 106 (3) Where there is a dispute as to the right or interest in land claimed, the Lands Commission shall assess the compensation payable and pending the final determination of the dispute, the compensation payable shall remain in the escrow account and the compensation together with the interest shall be released to the person entitled immediately after the final determination of the dispute. Section 255—Basis of assessment of compensation (1) Whenever land is acquired for public purposes under this Act and monetary compensation is to be paid, market value shall be the basis of assessment of compensation. (2) For the purposes of this Act, the term "market value" where applied to any scheduled land means the market value of the land as at the date of the publication of the Instrument in the Gazette. (3) In assessing the market value of any scheduled land, the valuer may use any appropriate method of valuation to arrive at the market value and may consider the prices paid in recent sales for land with similar characteristics which are situated within the vicinity of the scheduled land and shall consider in particular the last transaction on the scheduled land two years prior to the date that the scheduled land is to be assessed under subsection (2). (4) Where only a part of the land is to be acquired, the market value of the scheduled land shall be determined by reference to the whole land as shown in the document of title of the scheduled land taking into consideration the particular features of that part. (5) In assessing the market value of any scheduled land, the valuer shall not consider the evidence of the value obtained from land transactions effected after the date of publication of the Instrument in the Gazette under subsection (2). (6) In assessing the market value of any scheduled land, where the scheduled land is held under a title for a term of years, the valuer shall consider the date of expiry of the lease as shown in the deed of title, but shall not consider the likelihood of a subsequent alienation to the person or body who is the proprietor of the interest in the land immediately after the expiry of the lease. (7) In assessing the market value, the valuer shall consider (a) the effect of any express or implied condition of title restricting the use to which the scheduled land may be put; and (b) the effect of any prohibition, restriction or requirement imposed by any other law on the scheduled land or any adjoining land. (8) In assessing the market value of any scheduled land which but for the acquisition would continue to be devoted to a purpose that has no general demand or market, the assessment shall be made on the basis of the reasonable cost to the proprietor of the scheduled land of using or purchasing other land and devoting that land to the same purpose to which the scheduled land is devoted. (9) If the market value of any scheduled land has increased, the increase shall be disregarded if the increase in value, 107 (a) arises out of an improvement made on the land by the owner or the predecessor of the owner, after publication of the declaration specified in section 240; or (b) is contrary to law or is detrimental to the health of the occupiers of the premises or to public health. Section 256—Matters to be taken into account in determining compensation The following matters that may arise as a result of an acquisition shall be taken into consideration in assessing compensation to be awarded for the acquisition: (a) any improvement to the property of the claimant as a result of the acquisition; (b) any damage sustained or likely to be sustained by the claimant as a result of the acquisition; (c) any damage sustained or likely to be sustained by the claimant by reason of the acquisition adversely affecting the other property of the claimant, in any other manner; (d) the need of the claimant to change residence or place of business and reasonable expenses incurred as a result of the change; (e) an undertaking by the State, person or corporation on whose behalf the acquisition is made, to construct roads, drains, walls, fences or provide other facilities benefiting any part of the land left unacquired; (f) any other cost that is necessary for the compulsory acquisition; and (g) the resettlement of a displaced claimant on the suitable alternative land. Section 257—Matters to be disregarded in determining compensation In determining the amount of compensation to be awarded for any scheduled land acquired under this Act, the following matters shall not be taken into consideration: (a) the degree of urgency that has necessitated the acquisition; or (b) a disinclination of the person who has an interest in the land to part with the land acquired. Section 258—Fair and adequate compensation (1) The assessed compensation payable by the Lands Commission to the claimant shall be fair, adequate and paid promptly. (2) A claimant under this section is entitled to be represented by an expert for assessing meaningful compensation. (3) Payment for the services of a lawyer or the expert under subsection (2) shall be made to successful claimants from the escrow account provided for in section 238. (4) The Lands Commission shall not make a decision on the compensation payable to a claimant unless the Lands Commission is satisfied that the claimant has been duly informed of the right to representation under subsection (2) and has waived the right. (5) The Minister may, by legislative instrument, make Regulations under this Act to prescribe additional procedures and requirements for the assessment of compensation payable to claimants. 108 Section 259—Disbursement of assessed compensation (1) Subject to section 250, compensation assessed in respect of land shall (a) where an usufructuary interest exists, be disbursed as follows: (i) sixty per cent to the holder of the usufructuary interest, and (ii) forty per cent to the holder of the allodial title; (b) where there is no usufructuary interest, be paid to the holder of the allodial title or the holder of the freehold interest; or (c) where the land is the subject matter of a tenancy, (i) as between a holder of the allodial title or a freehold interest and a customary tenant, the compensation payable for the land shall, subject to express agreement to the contrary, be sixty per cent to the holder of allodial title or the freehold interest and forty per cent to the customary tenant; or (ii) as between a holder of the allodial title, a holder of a usufructuary interest and a customary tenant the compensation payable for the land shall, subject to express agreement to the [sic]contray, be forty per cent to the holder of the allodial title, thirty per cent to the holder of the usufructuary interest and thirty per cent to the customary tenant. (2) Despite subsection (1), compensation for loss of buildings, crops or other improvements shall be paid to the owners of the buildings, crops or other improvements. Section 260—Payment of compensation from the escrow account (1) After the Lands Commission has served notice of the assessed compensation on persons who have interest in land, the Lands Commission shall make payment of the compensation to the person entitled unless (a) there is no person competent to receive the payment; (b) the person entitled refuses to receive payment; or (c) there is a dispute as to the right or title of the person to receive the compensation, in which case the compensation payable shall remain in the escrow account provided for in section (2) For the purpose of this section, payment is deemed to have been made on the day (a) the Lands Commission gives notice in writing to a claimant that the cheque, money order or cash is available for collection; (b) the cheque or money order is sent by registered post to a claimant; (c) of delivery of the cheque or money order by the Lands Commission to the Court; (d) a cheque, money order or cash is delivered personally to the claimant; or (e) an electronic payment is effected. 109 (3) The recipient of the compensation shall give a written receipt of the payment which shall be accompanied by a photo identification of the [sic]claiment. Section 261—Delay in payment of compensation (1) A person aggrieved by a delay in the payment of compensation due to that person under this Act may apply to the High Court for the purpose of obtaining prompt payment of compensation. (2) Where the High Court upholds the claim of an applicant, there shall be added to the compensation interest determined by the Court. Section 262—Payment in error (1) A person who receives compensation awarded for an interest in any scheduled land in error or before it is established that another person is rightfully entitled to the interest, is liable, on demand by the Lands Commission, to refund the amount received within ninety days from the date of receipt of the demand notice from the Lands Commission. (2) A person who fails to refund the amount within the ninety-day period is liable to pay to the Lands Commission the amount with interest at the prevailing bank rate. (3) An officer of the Lands Commission who knowingly approves or makes payment to a person who is not entitled to compensation commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than ten thousand penalty units or a term of imprisonment of not less than five years and not more than ten years or, to both, unless that officer proves that the payment was made in good faith. Section 263—General power to take possession The Lands Commission may take possession of any acquired public land after service upon the occupier of a notice as specified in Form 4 of the Fifth Schedule. Section 264—Procedure for taking possession (1) A public body authorised by the Lands Commission or the Lands Commission shall take possession of a scheduled land by serving upon the occupier of that land or, if the occupier cannot be found, by posting on the land, a notice as specified in Form 4 of the Fifth Schedule. (2) Upon taking possession of land under subsection (1), the Lands Commission shall also serve a copy of the notice in subsection (1), upon the registered proprietor of the land, where the proprietor is not the occupier. Section 265—Resettlement of displaced inhabitants (1) Where compulsory acquisition or occupation of land under this Act involves displacement of the inhabitants, the Lands Commission or any other person directed by the President shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and the social and cultural values of the inhabitants. (2) Resettlement of displaced inhabitants under subsection (1) shall be in accordance with Regulations made under this Act. 110 (3) The Lands Commission or any other person directed by the President under subsection (1) shall, in consultation with the affected inhabitants, prepare a land acquisition and resettlement plan which shall among others provide for (a) the land to be acquired and state (i) whether the land is occupied and by whom; (ii) what the land is presently being used for; and (iii) the condition of the land and the facilities; (b) the persons who will suffer any loss of assets, income or sources of livelihood; (c) the persons to be displaced and the place where the persons are to be resettled; (d) the arrangements to facilitate resettlement and integration of the social and cultural values of the displaced persons; (e) the manner and form in which compensation is to be assessed and paid; (f) the heads of compensation payable; (g) an estimate of the compensation payable and of the resettlement expenses; (h) an Environmental Impact Assessment; (i) the procedures to be followed in executing the plan; (j) the arrangements for the involvement of the persons affected by the acquisition and resettlement; and (k) what opportunities there will be to challenge the execution of the plan and payment of compensation. (4) Copies of the land acquisition and resettlement plan under subsection (2) shall be distributed to the displaced persons, the traditional authorities, community leaders, occupiers of the land and the District Assembly. Section 266—Entry in register The Land Registrar shall register the land specified in the Executive Instrument in the name of the State as land that has become public land within the meaning of article 257 of the Constitution. Section 267—Subsequent disposal of acquired land Where land has been compulsorily acquired under this Act, or before the coming into force of this Act, a subsequent disposal or use of, or dealing with the land, whether by the State or the person on whose behalf the land was acquired, shall not invalidate the acquisition of the land except that the disposal or use of, or dealing with the land shall be in accordance with the provisions of article 20 of the Constitution