Entries in the constitution regarding land acquisition


This is an entry for acquiring land.

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ACT CHAPTER 184 - LAWS OF BELIZE
PART I I
Compulsory Acquisition of Land and Abandonment of Acquisition

3.-(1) Whenever the Minister 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 prima facie evidence that the land to which it relates is required for a public purpose.

(2) Every declaration shall be published in two ordinary issues of
the Gazette, there being an interval of not less than six weeks between each publication, 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.

(3) The declaration shall specify the following particulars to the
land which is to be acquired-

(a) the district in which the land is situate;

(b) a description of the land, giving the approximate 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.

(4) Upon the second publication of the declaration in the Gazette as required by subsection (2), the land shall vest absolutely in the Crown and the authorised officer, and his agents, assistants and workmen may enter and take possession of the land accordingly.

(5) Any person claiming an interest in or right over the land shall have a right of access to the courts for the purpose of determining whether the acquisition was duly carried out for a public purpose in accordance with this Act.

(6) Nothing in this section shall be construed to prevent the acquisition of lands for public purposes by private treaty.

4. Whenever it appears to the Minister that any land is likely to be required for any purpose which, in the opinion of the Minister, is a public purpose and it is necessary to make a preliminary  survey or other investigation of the land, he may cause a notification to that effect to be published in the Gazette and thereupon  the authorised officer and his agents, assistants and workmen, may do all or any of the following things-

(a) enter upon and survey and take levels of any land in any locality to which the notification relates;

(b) dig or bore into the subsoil of such land;

(c) do all other acts necessary to ascertain whether the land is adapted to such purpose;

(d) set out the boundaries of the land intended to be taken, and the intended line of work, if any, proposed to be done thereon;

(e) 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, cut down and clear away any standing crop, fence, tree or bush;

(g) do all such other acts as may be incidental to or necessary for any of the purposes aforesaid:
Provided that-

(a) the authorised officer shall not enter into any building, or into or upon any enclosed yard, court or garden attached to a dwelling house, except at all reasonable hours, and except with the consent of the occupier thereof, without previously giving to the occupier at least seven days’ notice in writing of his intention to do so;(b) compensation shall be assessed and paid to the persons interested in the land entered for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section-

(i) in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or abandoned under section 10

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