Owning property is a right protected under Ghana’s 1992 Constitution, giving everyone the freedom to own land—either alone or with others. Whether you are expanding your business or need land for personal reasons, property ownership is a big part of life.
However, there are times when the State needs land for public projects like roads, schools, or hospitals. In such cases, the State has the power to take private land through a process called compulsory acquisition. But do not worry—it is not just a free-for-all! The State must follow strict legal rules to do so.
Let us break down how this works and what it means for you.
What is Compulsory Land Acquisition?
In simple terms, compulsory land acquisition is when the State takes private land for public use. It is all about finding a balance between individual property rights and the greater public good. To make sure everything is done fairly, the 1992 Constitution and the Lands Act of 2020 (Act 1036) set out clear rules for this process.
When Can the State Take Land?
For the State to take your land, it must meet specific conditions:
- Public Purpose: The land must be needed for something that benefits the public, like defense, public safety, city planning, or infrastructure such as roads or utilities.
- Justification: The State has to provide a clear reason for why it needs your land. It cannot just take land without an explanation.
- Compensation: If your land is taken, you are entitled to fair and adequate compensation, which should be paid promptly.
- Official Announcement: The land acquisition must be announced in the official government publication, the Gazette, through an Executive Instrument. This document outlines the type, size, and location of the land, as well as the reason for the acquisition.
How Compensation Works
The law ensures that you are paid fairly for your land. Before the State can take your land, it must put the money for compensation into a special interest-earning escrow account. This guarantees that the funds are ready when the time comes to pay you. If you are not satisfied with the compensation, you can take the matter to the High Court to resolve any disputes.
The Acquisition Process
Here is a step-by-step look at how compulsory land acquisition unfolds:
- Declaration of Purpose: The State announces that it needs a particular piece of land for public use, and this is published in the Gazette. This declaration is valid for two years, and if the acquisition is not completed in that time, it expires (although it can be extended for one more year by the courts).
- Preliminary Investigations: The State then conducts surveys and land valuations to determine the suitability of the land for the project and to identify the rightful owners and anyone with an interest in the land.
- Serving Notice: Once the land is deemed necessary, the State serves notice to the landowner(s) or occupants. If the owner(s) cannot be located, the notice is posted publicly on the land.
- Marking and Surveying: The Lands Commission then marks the boundaries of the land to avoid any disputes.
- Consultations: The State meets with stakeholders, including landowners, community leaders, and others to gather feedback and address concerns.
- Official Acquisition: Finally, an Executive Instrument is published in the Gazette, confirming the land acquisition and transferring ownership to the State.
Legal Protection for Landowners
If your rights over the land are not properly addressed, you have six months from the date the acquisition is published in the Gazette to file a complaint with the Lands Commission. If that does not work, you can take the matter to the High Court.
What Happens if the State Does not Use the Land?
The law also protects you if the State does not use the land for its intended purpose. If this happens, you (the original owner) have the option to reclaim the property, although you might have to refund the compensation you received.
Lessons for Businesses and Landowners
- Know Your Rights: Understanding the laws around compulsory land acquisition helps you protect your property rights and ensure you are treated fairly.
- Compensation is Key: If the State takes your land, they must compensate you fairly and promptly. Do not hesitate to challenge this in court if necessary.
- Consultation Matters: The process includes discussions with stakeholders, so make sure your voice is heard during this stage.
- Be Aware of Time Limits: If your rights are not properly addressed, you have a limited window to file a complaint. Do not miss out on this opportunity.
By understanding the rules and processes, businesses and individuals can better navigate the complex world of compulsory land acquisition in Ghana, ensuring their interests are protected while contributing to public projects that benefit everyone.
Alhassan Aboagye on behalf of OSD & Partners
