ARRANGEMENT OF SECTIONS

SECTION

Declaration of Intending Acquisition

Acquisition of Land

Application of Compensation

Possession

Leaseholds

Mortgages

Other Land Affected

Compensation

Award

Record

Apportionment

Special Case

Miscellaneous

CHAPTER 252

ACQUISITION OF LAND

[Commencement 7th July, 1913]

"assessment" means a valuation of the selected land made by an assessor under and in accordance with the provisions of this Act;

"assessor" means an assessor appointed and registered under this Act;

"award" means the amount of compensation awarded under this Act by a magistrate either as magistrate or acting as umpire or by the court sitting alone or with assessors;

"court" means the Supreme Court;

"magistrate" means, in the case of New Providence, a stipendiary and circuit magistrate, and in the case of the Out Islands, the commissioner of the district in which any selected land is situate;

"Minister" means the Minister responsible for the Acquisition and Disposition of Lands;

"persons interested" includes every person claiming an interest whether on his own behalf or as trustee for other persons beneficially interested, or as guardian of a minor or committee of a lunatic or idiot, but does not include a yearly tenant or tenant by the month or at will;

"promoters" means a Minister or any statutory corporation by or on behalf of which selected land may be acquired under this Act;

"public purpose" includes, subject to the provisions of Article 27 of the Constitution-

Provided that in the case of any land required by a statutory corporation the value thereof or compensation payable therefor by agreement between the promoters and the persons interested therein does not exceed the sum of four thousand dollars or such value or compensation has been certified in writing by an assessor not to exceed the sum of four thousand dollars;

"selected land" means any land required for a public purpose;

"statutory corporation" means any corporate body constituted by an Act of Parliament to undertake duties or to perform functions for the benefit of the public;

"summons for assessment" means a summons issued by the Registrar of the court to initiate proceedings for an assessment by the court with or without assessors.

"I......., Registered Assessor, do solemnly and sincerely declare that in all matters submitted to me or with which I may have to deal under the provisions of the Acquisition of Land Act, I will faithfully, honestly and impartially execute my duties to the best of my judgment, skill and ability."

All declarations so made shall be kept in the Registry of the court and shall be transmitted to such Registry by any magistrate taking the same.

(2) No person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

(2) Such notice shall state the following particulars-

Provided that, if such mortgagee or person so interested shall be absent from The Bahamas and his address be known, notice may be sent to him by registered airmail post.

the magistrate of the district in which the selected land is situate shall at the written request of the promoters to be made within two months after the first publication in the Gazette of the declaration prescribed by section 6 of this Act cause public notice to be given at convenient places in his district or near the selected land stating-

Provided that, if any such person resides elsewhere and has no such agent, the notice may be sent to him by post.

the value of the selected land and the compensation payable for all or any interests therein, shall be determined by the court according to the following provisions.

(3) On the return of the summons for assessment the court shall satisfy itself as far as may be as to the persons other than the applicant or persons served interested in the selected land and may adjourn the further hearing of the summons to allow of their being served, and shall, subject to such adjournment, if any, appoint a day for the assessment thereof by a judge with or without assessors as herein provided, and may direct the service on any person, other than the applicant, alleged to be interested in the selected land, of a notice requiring him to state on or before a day to be therein named the nature of his alleged interest, if any, and the sum which he claims as compensation in respect thereof.

(4) On the return of the summons for assessment the court shall also direct the promoters and the persons alleged to be interested, or such of them as the court shall think fit, to appoint on or before a day to be fixed by the court two assessors, one to be nominated by the promoters and the other by the persons interested, for the purpose of aiding the court in determining the amount of compensation in manner herein directed:

Provided that assessors shall not be appointed unless the court otherwise directs in cases where it is of opinion on satisfactory evidence that the amount of compensation will not exceed two thousand dollars, but in every such case the amount of such compensation unless otherwise expressly directed by the court, shall be determined by a judge without assessors:

Provided also that, if the persons interested in any case elect that the amount of compensation shall be determined and assessed by a judge alone without assessors, it shall be lawful for a judge, irrespective of the amount claimed, to make his award alone.

the court shall in the case (a) appoint an assessor on their behalf from among those named by such parties, and in the cases (b) and (c) appoint an assessor to attend the determining of the amount of compensation on behalf of any person who may be interested in such land.

the promoters shall pay the purchase money or compensation payable in respect of the selected land or any such interest therein to the Treasurer and the Treasurer shall carry it to the credit of the person interested in the land, estate or interest, but if the party is not known then to the credit of the promoters in a particular account to remain subject in all such cases to the order, control and disposition of the court.

Provided that, in the case of the coverture, infancy, idiocy, lunacy or other incapacity of any such party, then such money shall be paid for his or her use to the husband, guardian, committee or trustee of such party.

Provided that, in the case of money paid to the Treasurer in respect of any lease for a life or lives or years or for a life or lives and years or any estate in lands less than the whole fee simple thereof, or of any reversion dependent on any such lease or estate, the court may on the petition of any party interested in such money in a summary way of procedure, order that the same shall be laid out, invested, accumulated and paid in such manner as the court may consider will give to the parties interested in such money the same benefit therefrom as they might lawfully have from the lease, estate or reversion in respect of which such money shall have been paid or as near thereto as may be:

Provided also that, when money is paid to the Treasurer in the case of the owner of any selected land or of any interest therein as purchase money or compensation either agreed or awarded to be paid in respect thereof, being an owner who has refused to accept the same or neglected or failed to make out a title to such land or the interest therein claimed by him to the satisfaction of the promoters or who has refused to convey or release such land or interest as directed by the promoters or who is absent from The Bahamas, or after diligent enquiry cannot be found, or has failed to appear before the magistrate or the court as the case may be, the court may, on petition of any party making claim to the money so paid to the Treasurer or any part thereof or to the land in respect whereof it shall have been paid or any part of such land or any interest in the same, in a summary way of procedure order such money to be laid out or invested or may order distribution thereof or payment of the interest or dividends thereof according to the respective estates, titles or interests of the parties making claim to such money or land or any part thereof and may make such order in the premises as to the court shall seem fit.

Provided that, if possession of the selected land be taken before such payment or tender, the promoters shall pay, in addition to the purchase money or compensation agreed to be paid or awarded to be paid, interest on such purchase money or compensation at the rate of five dollars per centum per annum from the time of the publication of such notice in the Gazette until payment of such purchase money or compensation.

(2) Where for the purposes of this Act the promoter is a Minister who is not a corporation sole the selected land shall not vest in him by virtue of subsection (1) of this section, but shall vest in the Treasurer in his capacity as a corporation sole to be held by him in trust for Her Majesty in right of Her Government of The Bahamas for public purposes.

(3) Where the Minister responsible for housing is the promoter for the purposes of paragraph (f) of the definition of the expression "public purposes", the selected land shall be deemed to be acquired by him pursuant to the carrying out by him of his functions under the Housing Act.

(2) Where the amount awarded exceeds the sum so offered but the magistrate or the court, as the case may be, considers that the claims of the persons interested were extravagant or that they were negligent in putting their case to the promoters, the magistrate or the judge, as the case may be, may in his discretion make such order as to the costs as he may think fit:

Provided that any costs under this section shall not include any costs incurred in trying any question respecting the title to the land or any rights thereto or interests therein arising between or among two or more persons making conflicting claims in respect thereof.

(3) The costs (if any) may be recovered as if they were costs incurred in a suit in the court and as if the award were the decree therein.

(4) Subject to the provisions of this Act, in all cases of money paid to the Treasurer under this Act, it shall be lawful for the magistrate or the judge, as the case may be, to order all costs attending the payment of such moneys and of all proceedings relating thereto except such as are occasioned by litigation between adverse claimants to be borne by the promoters, and all such costs shall be paid by warrant out of the Consolidated Fund in the usual manner.

(5) All reasonable costs, charges and expenses incurred by the persons interested for all conveyances and assurances of any land purchased or acquired and of any outstanding terms or interest therein and of deducing, evidencing and producing title to such land, terms of interest and of making out such abstracts and attested copies as the promoters may require, and all other reasonable expenses incident to the investigation, deduction and verification of titles shall be borne by the promoters, and shall be paid out of the Consolidated Fund by warrant in the usual manner.

Provided that in the case of a decision under this section by a magistrate, there shall be a right of appeal to the Supreme Court.