Land Acquisition Act

Link to law: http://laws.gov.ag/acts/chapters/cap-233.pdf
Published: 1958

Land Acquisition (CAP. 233 1

CHAPTER 233

THE LAND ACQUISITION ACT

Arrangement of Sections
Section

1. Short title.

INTERPRETATION

2. Interpretation.

ACQUISITION O F LAND AND ABANDONMENT O F
ACQUISITION

Acquisition of land.
Preliminary notification and power to enter land.
Power to apply land to purposes of acquisition without

waiting for formal vesting.
Authorized officer to treat with landowner.
Demarcation of land and issue of notice of acquisition.
Authorized officer may require information as to

interests in land.
Claim of person interested to have land acquired or

abandoned.
Abandonment of acquisition.

APPOINTMENT AND POWERS O F BOARD O F
ASSESSMENT

1 1. Determination of questions by Board of Assessment.
12. Appointment of Board of Assessment.
13. Documents, etc., to be forwarded to the Board.
14.. Inquiry by Board.
15. Procedure at inquiry.
16. Power of entry for purpose of inquiry.
17. Award of Board.

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2 CAP. 233) Land Acquisition

DETERMINATION OF SMALL CLAIMS FOR
COMPENSATION

18. Procedure where claim for compensation does not exceed
certain amounts.

PROVISIONS GOVERNING ASSESSMENT O F
COMPENSATION, ETC.

19. Rules for assessment of compensation.
20. Special rule as to severance.
2 1. Interest.
22. Rules as to costs.

MISCELLANEOUS

23. Absentee owners.
24. Compensation to persons interested in adjacent land.
25. Special provisions as to leases.
26. Persons in possession to be deemed owners.
27. Fees and expenses of Board.
28. Conveyancing, etc. costs to be paid by authorized officer.
29. Payment of compensation, etc.
30. Exemption from stamp duty and fees.
31. Limitation of time for making claims.
32. Assaulting or obstructing officer.
33. Repeal Cap. 91. 1411939, 811941, 1111944, 311953,

S.R.O. 1956 No. 22.
34. Validation.

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Land Acquisition ( C A P . 233 3

LAND ACQUISITION

(29th November, 1 9 5 8 ) 1411958.
1811989.

S . I . 3911989.

1. This Act may be cited as the Land Acquisition Act. title-

INTERPRETATION

2. In this Act- Interpretation.

"authorized officer" means any person who may from
time to time be appointed as such by the Cabinet
for the purposes of this Act;

"person interested7' means every person claiming, or
entitled to claim, compensation under this Act:

Provided that a tenant by the month or at will shall
be deemed not to be a person interested for the purposes
of this Act;

"public purpose" means a purpose determined to be
a public purpose in accordance with the provisions
of section 3 .

ACQUISITION OF LAND AND ABANDONMENT OF ACQUISITION

3. (1) If the Cabinet considers that any land should Acquisition of
be acquired for a public purpose they may, with the approval lad'
of the Legislature, cause a declaration to that effect to be
made by the Secretary to the Cabinet in the manner provid-
ed by this section and the declaration shall be conclusive
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 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,
and in the declaration shall be specified the following par-
ticulars relating to the land which is to be acquired-

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

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Preliminary
notification and
power to enter
land.

CAP. 233) Land Acquisition

(b) a description of the land giving the approximate
area and such other particulars as are necessary to
identify the land;

(6) 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.

(3) Upon the second publication of the declaration in
the Gazette as aforesaid the land shall vest absolutely in the
Crown, and the authorized officer and his agents, assistants
and workmen may enter and take possession of the land
accordingly.

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

4. If it appears to the Cabinet that any land is likely
to be required for any purpose which, in the opinion of the
Cabinet, 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 at the same time in notices to be exhibited at suitable
places in the locality in which the land is situate, and
thereupon it shall be lawful for the authorized officer and
his agents, assistants, and workmen, to do all or any of the
following things-

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

(6) to dig or bore into the sub-soil of such land;

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

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

(e) to mark levels and lines by placing marks and
cutting trenches;

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Land Acquisition (CAP. 233 5

Cf) where otherwise the survey cannot be com-
pleted, the levels taken or the boundaries or line of the
work demarcated, to cut down and clear away any stand-
ing crop, fence, tree or bush;

Cg) to do all such other acts as may be incidental
to or necessary for any of the purposes aforesaid: ,

Provided that-

(i) the authorized 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 such occupier at least
seven days' notice in writing of his intention
to do so;

(ii) compensation shall be assessed and paid to the
persons interested in the land so entered for
any actual damage or injury resulting to them
by reason of the exercise of the powers con-
ferred by this section-

(a) in so far as it relates to land the
acquisition of which is subsequently deemed
to be abandoned under section 9 or abandon-
ed under section 10, as though it were com-
pensation payable under this Act for the
acquisition of the land;

( b ) in so far as it relates to land the com-
pulsory acquisition of which is subsequently
completed under section 3 , as though it were
part of the compensation for the acquisition
of the land.

5 . If. at anv time after the ~ublication of a notifica- Power to *PPb
land to purposes

tion in accordance with the provisions of section 4, it appears of PC4,,i1ih
to the Cabinet that the land or some parcel of the land to without ~ J t h g

for f o r d which it refers should be acquired but that for any reason v,,ti,,l.
it is not possible to make animmediate declaration to that
effect, it shall be lawful for the Cabinet to direct the authorized
officer to do any work on the land or parcel thereof con-
nected with the use to which the land is intended to be put

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6 CAP. 233) Land Acquisition

on its acquisition, and thereupon the authorized officer may f f
proceed with the execution of the work: I

Provided that compensation shall be paid to the per-
sons interested for any actual damage or injury resulting to
them by reason of the exercise of the powers conferred by
this section and shall be determined in the same way as com-
pensation for actual damage or injury resulting from the
exercise of the powers conferred by section 4 of this Act.

Authorized
officer to treat

6. (1) As soon as any declaration has been published
with landowner. in accordance with the provisions of section 3 , the author-

ized officer shall without delay, enter into negotiations (or
further negotiations) for the purchase of the land to which
the declaration relates upon reasonable terms and conditions,
and by voluntary agreement with the owner of the land.

(2) It shall not be necessary for the authorized officer
to await the publication of the declaration before he
endeavours to ascertain from the owner the terms and con-
ditions on which he is willing to sell his land, but no negotia-
tions or agreement shall be deemed to be concluded unless
and until the conditions of sale and acquisition have been
approved in writing by the Minister.

f

Demarcation of 7. (1) As soon as may be after any land has been f
land and issue of
notice of acquired compulsorily, the authorized officer shall, if the land 4
acquisition. has not been demarcated or if it cannot be identified by ! i

reference to any plan, cause the same to be demarcated, and
he shall also issue a notice of acquisition in accordance with
the provisions of this section. f

(2) Every notice of acquisition under this section shall- I
(a) state the decision of the Cabinet to acquire and 1

take possession of the land compulsorily; 1

(6 ) contain the particulars which, in relation to the
f
Z

land, were included in the declaration provided for by
subsection (2) of section 3; and

(c) require all persons interested, as soon as is
reasonably practicable, either-

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Land Acquisition (CAP. 233 7

(i) to appear personally or by attorney or agent
before the authorized officer to state the nature
of their respective interests in the land and the
amounts and full particulars of their claims to
compensation in respect of those interests,
distinguishing the amounts under separate
heads and showing how the amount claimed
under each head is calculated; or

(ii) to render to the authorized officer a statement
in writing, signed by them or by their attorneys
or agents, setting forth the like matters.

(3) The authorized oficer shall cause a copy of the notice
of acquisition to be served, either personally on, or by post
addressed to the last known place of abode or business of,
every person who is known or believed by the authorized
officer to be entitled to compensation in respect of the
acquisition, and whose whereabouts are known to the
authorized officer:

Provided that where the whereabouts of any such per-
son are not known, the authorized officer shall cause copies
of such notice to 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.

(4) Any person who, without lawful authority or excuse,
removes or destroys any landmark placed, or removes or
defaces or destroys any notice posted or exhibited, by the
authorized officer in or upon the land or any building thereon
in accordance with the provisions of this Act, shall be liable,
on summary conviction to a fine not exceeding one thous-
and dollars or to imprisonment for a term not exceeding three
months.

8. (1) The authorized officer may, by notice served Authorid
officer may

personally, or by post addressed to the last known place of re ,he 9 abode or business of the person concerned, require the owner in ormatipa M to
~ntererts 1n l a d . or occupier of, or any person interested in, any land, or in

any part thereof, in respect of which a declaration or a
notification has been published in the Gazette under section
3 or section 4 respectively, to deliver to him within a time
to be specified in the notice, being not less than twenty-one
days after service of the notice, a statement in writing con-

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8 CAP. 233) Land Acquisition

taining, so far as may be within his own knowledge, the name
of every person possessing any interest in the land, or any
part thereof, whether as partner, mortgagee, lessee, tenant
or otherwise, and the nature of such interest.

(2) Every person who is required to make and deliver
a statement under this section and who, without reasonable
excuse, refuses to make or deliver such statement, or wilful-
ly makes any such statement which is false or incomplete
in any material particular, shall be liable, on summary con-
viction, to a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding three months.

Claim of person
interested to

9. If, within three months after entry shall have been
have land made on any land under the provisions of section 4, such
acquired Or land shall not have been acquired or abandoned, any per-
abandoned.

son interested in the land or any part thereof may serve a
notice on the authorized officer requiring that the acquisi-
tion of the land or part thereof be completed or abandoned,
and, if within one month thereafter, the acquisition of such
land or part thereof be not completed or abandoned in
accordance with the provisions of this Act, the acquisition
of the land or part thereof shall be deemed to have been
abandoned.

Abandonment of
acquisition.

10. (1) At any time before any land has been acquired
compulsorily the Governor-General may, by notification pub-
lished in the Gazette, declare that the intended acquisition
of such land is abandoned.

(2) When the acquisition of any land is abandoned in
accordance with the provisions of this section, or is deemed
to have been abandoned under section 9, any compensation
payable by virtue of this Act shall, in default of agreement,
be assessed as though it was compensation payable under
this Act for the acquisition of land.

(3) No compensation shall be payable in any case for
loss of bargain or for damages for breach of contract.

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Land Acquisition (CAP. 233 9

1 . (1) All questions and claims relating to the Determination of
questions by payment of compensation under this Act and to the appor- Board of

tionment of such compensation shall, save as is hereinafter Assessment.
provided, be submitted to a Board of Assessment to be
appointed in each case in accordance with the provisions of
section 12.

(2) A Board of Assessment shall have full power to
assess, award and apportion compensation in such cases, in
accordance with the provisions of this Act.

12. (1) As soon as it becomes necessary to do so the i,~,~$:fment of
Governor-General shall cause a Board of Assessment Assessment.
(hereinafter referred to as "a Board" or "the Board") to
be appointed.

(2) A Board for the purposes of this Act shall in every
case be constituted of-

(a) a Judge of the High Court who shall be the
Chairman of the Board (hereinafter referred to as "the
Chairman");

( b ) a member to be appointed by the
Governor-General;

(6) a member to be nominated by the owner of the
land to be acquired:
Provided that where in any case the Governor-General

is satisfied that the owner of the land has refused to exercise
his right to nominate a member of the Board, or has
unreasonably delayed such nomination, or where the per-
sons interested in the land have failed to agree upon such
nomination, the Governor-General, by order in writing, may
direct the Chairman to proceed with the inquiry notwith-
standing that there has been no such nomination by the
owner, and in every such case the Board shall be deemed
to be lawfully constituted without the presence of such
member, and, if there is any difference of opinion as to the
amount of compensation that should be awarded, the deci-
sion of the Chairman shall be deemed to be the decision of
the Board.

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10 CAP. 233) Land Acquisition

Documents, etc.,
to be forwarded 13. (1) Upon the appointment of a Board, or where
to the Board. proceedings are taken before a Magistrate for the determina- - -

tion ofi any question relating to the payment of compensa-
tion, the authorized officer shall forward to the Chairman,
or to the Magistrate, as the case may be, those of the follow-
ing documents and particulars which relate to the acquisi-
tion or the intended acquisition of the land, as the case may
be-

( a ) a copy of any notification and declaration which
has peen published in the Gazette;

I

( b ) a copy of the notice of acquisition;

(c) a copy of any notice issued or received by him;

(4 a copy of all statements received by him in com-
pliance with any notice issued by him;

(e) the names and addresses of the persons whom
the authorized officer has reason to believe are interested
in the land; and

(f) a copy of the report required by this section.

(2) The report to be sent to the Board shall state the
opinion of the authorized officer, and his reasons for such
opinion, upon each of the following matters-

( a ) what is a fair and proper description of the land
acquired, including particulars of any building, trees
or standing crops thereon;

( b ) the approximate acreage of the land;

(c) the value of the land for the purposes of com-
pensation under this Act;

(4 the amount of provisional compensation which
should be paid for the land, including any damage
payable in respect of entry into possession;

(e) the ,apportionment of the provisional compen-
sation among the persons interested in the land, in
respect of their interests.

(3) The authorized office& in assessing the amount of
any compensation for the purpose of a report under this sec-
tion, shall have regard to the rules prescribed by this Act

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Land Acquisition (CAP. 233 11

which may and may not be taken into consideration in assess-
ing compensation.

14. Where a Board has been appointed under this &P:Y by
Act, the Board shall hold an inquiry at a place, date and
time to be fixed by the Chairman, of which not less than
fourteen clear days notice shall be given to the parties con-
cerned, and every such inquiry shall be conducted in public.

15. The procedure at an inquiry before a Board, the Procedure at
inquiry.

summoning and remuneration of witnesses for attendance
thereat, and all questions incidental to the inquiry shall be
governed by the provisions of the laws for the time being
in force relating to civil proceedings in the High Court:

Provided that in the case of any doubt arising on any
question of practice and procedure the same may be settled
by the Chairman.

16. The Board, or any person authorized by them, Power of entry
for purpose of

may at any time before, during or after an inquiry under inquiry.
this Act, enter upon and inspect any land for any purpose
connected with such inquiry.

17. (1) At the conclusion of the inquiry the Board Award of Board.
shall decide upon the claims for compensation and appor-
tionments submitted to them and shall make an award under
the hand of the Chairman who shall cause the same to be
filed in the High Court.

(2) The decision of the majority of the members of the
Board with respect to the compensation to be paid shall be
deemed to be the decision of the Board, and, if all the
members of the Board differ, the mean between the amount
decided upon by the Chairman and that one of the amounts
decided upon by the two other members of the Board which
approxipates most nearly to the amount decided upon by
the Chairman shall be deemed to be the compensation award-
ed by the Board.

(3) An appeal shall lie against a decision of the Board
to the Court of Appeal.

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12 CAP. 233) Land Acquisition

DETERMINATION OF SMACL CLAIMS FOR COMPENSATION
Procedure where
claim for

18. (1) Anything in any law to the contrary not-
withstanding, in any case in which the compensation claim-

exceed ed does not exceed two hundred and forty dollars, and in
certain amounts.

any case in which the compensation claimed does not exceed
four hundred and eighty dollars and, in the latter case, the
parties agree in writing to the settlement of the claim by a
Magistrate, the amount of the compensation to be paid in
any such case shall be determined by a Magistrate.

(2) It shall be lawful for any Magistrate, upon the
application of either party wit-h respect to any question of
disputed compensation in either of the cases mentioned in
subsection (I), to summon the other party to appear before
him at a time and place to be named in such summons and
to hear and determine such question of disputed
compensation.

(3) For the purposes of any proceeding under this
section-

(a) the procedure to be followed thereat, the sum-
moning and remuneration of witnesses and all questions
incidental to such proceeding shall be governed by any
law for the time being in force relating to the recovery
of claims under two hundred and forty dollars before
a Judge of the Supreme Court and all the provisions
of any such law shall apply mutatis mutandis to any such
proceeding; and

(6) the provisions of sections 16, 19, 20, 2 1, 22 and
25 shall apply with such verbal alterations (not affec-
ting the substance) as may be necessary to make the
same applicable.

Cap. 255.

(4) An appeal shall lie against the determination by a
Magistrate of any question of disputed compensation under
this section in like manner as if such determination was given
in the exercise of the summary jurisdiction of a Magistrate
in a civil matter under the provisions of the Magistrate's
Code of Procedure Act, and for the purposes of such appeal
the determination of the Magistrate under this section shall
be deemed to be a decision of the Magistrate within the mean-
ing of section 167 of the said Act.

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Land Acquisition (CAP. 233 13

PROVISIONS GOVERNING ASSESSMENT OF COMPENSATION,
ETC.

19. Subject to the provisions of this Act, the follow- Rules for
assessment of ing rules shall apply to the assessment and award of com-

pensation by a Board for the compulsory acquisition of land-

(a) the value of the land shall, subject as hereinafter
provided, be taken to be the amount which the land,
if sold in the open market by a willing seller, might have
been expected to have realized at a date twelve months
prior to the date of the second publication in the Gazette
of the declaration under section 3:
Provided that this rule shall not affect the assessment

of compensation for any damage sustained by the person
interested by reason of severance, or by reason of the
acquisition injuriously affecting his other property or his earn-
ings, or for disturbance, or any other matter not directly
based on the value of the land;

( b ) the special suitability or adaptability of the land
for any purpose shall not be taken into account if that
purpose is a purpose to which the land could be applied
only in pursuance of statutory powers, or for which there
is no market apart from the special needs of a particular
purchaser or the requirements of any Government
department;

(c) where the value of the land is increased by
reason of the use thereof or of any premises thereon
in a manner which could be restrained by any court,
or is contrary to law, or is detrimental to the health of
the inmates of the premises or to public health, the
amount of that increase shall not be taken into account;

(d) where land is, and but for the compulsory
acquisition would continue to be, devoted to a purpose
of such a nature that there is no general demand or
market for land for that purpose, the compensation may,
if the Board is satisfied that reinstatement in some other
place is bonafide intended, be assessed on the basis of
the reasonable cost of equivalent reinstatement;

( e ) no allowance shall be made on account of-

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14 CAP. 233) Land Acquisition

(i) the acquisition being compulsory or the degree
of urgency or necessity which has led to the
acquisition;

(ii) any disinclination of the person interested to
part with the land acquired;

(iii) any damage sustained by the person interested
which, if caused by a private person, would
not render such person liable to an action;

(iv) any damage, not being in the nature of
deprivation of or interference with an ease-
ment, servitude or legal right, which, after the
time of awarding compensation, is likely to be
caused by or in consequence of the use to which
the land acquired will be put:

Provided that nothing herein shall
prejudice any claim under this Act for damage
subsequently sustained in consequence of the
use to which the land acquired is put;

(v) any increase to the value of the land acquired
likely to accrue from the use to which the land
acquired will be put;

(vi) any outlay or improvement of such land which
has been made, commenced or effected within
twelve months before the publication of the
declaration under section 3, with the intention
of enhancing the compensation to be awarded
therefor in the event of such land being
acquired for public purposes.

Special rule as to
severance. 20. As to severance, compensation may be assessed

on the footing that any specified works, crossings, or access
agreed to on behalf of the Governor-General shall be erected,
provided, and allowed, and any 'such agreement shall be
reduced into writing and be signed by the Chairman and
shall be valid and effectual and binding on the parties.

Interest. 2 1. The Board, in awarding compensation, may add
thereto interest at the rate of four per centum per annum,
calculated from the date upon which the authorized officer
entered into possession of the land acquired until the date
of the payment of the compensation awarded by the Board.

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Land Acquisition (CAP. 233 15

22. (1) The authorized officer shall pay to the claim- Rules as to costs.
ant the reasonable costs incurred by him in or about the
preparation and submission of his claim, unless the Chair-
man considers that the claimant has failed to put forward
a proper claim within a reasonable time after the service of
the notice under section 7 or that the claim put forward is
grossly excessive or that he has been a party to some deceit
or fraud in respect -of his claim.

(2) Subject to the provisions of subsection (I), where
an unconditional offer in writing of any amount as compen-
sation has been made to any claimant by or on behalf of
the authorized officer and the sum awarded as compensa-
tion does not exceed the amount offered, the Chairman shall,
unless for special reasons he thinks it proper not to do so,
order the claimant to bear his own costs and to pay the costs
of the authorized officer so far as the costs of the authorized
officer were incurred after the offer ww made; and, where
the claimant has failed to put forward a proper claim in suf-
ficient time to enable the authorized officer to make a proper
offer, the foregoing provisions of this section shall apply as
if an unconditional offer had been made by or on behalf of
the authorized officer at the time when, in the opinion of
the Board, a proper claim should have been put forward and
the claimant has been awarded a sum not exceeding the
amount of such offer.

(3) Subject to the provisions of subsection (I), where
a claimant has made an unconditional offer in writing to
accept any amount as compensation and has put forward
a proper claim in sufficient time to enable the authorized
officer to make a proper offer, and the sum awarded is equal
to or exceeds that amount, the Chairman shall, unless for
special reasons he thinks it -proper not to do so, order the
authorized officer to bear his own costs and to pay the costs
of the claimant so far as the costs of the claimant were
incurred after the offer was made.

(4) Subject to the preceding provisions of this section,
the costs shall be in the discretion of the Chairman who may
direct to and by whom and in what manner those costs or
any part thereof shall be paid, and he may in any case direct
such costs to be taxed by the Registrar of the High Court.

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16 CAP. 233) Land Acquisition

(5) The mode of enforcing any order as to costs shall
be in the manner prescribed by the practice of the High
Court.

(6) Where the Chairman orders the claimant to pay the
costs or any part of the costs of the authorized officer, the
authorized officer may deduct the amount so payable by the
claimant from the amount of any compensation which may
be payable to him.

Absentee owners. 23. (1) Where there is no person competent to
alienate land or to receive or to give a sufficient discharge
for any compensation awarded or where any person interested
in land, by reason of his absence from Antigua and Barbuda
and of his not being represented therein by a duly author-
ized attorney, does not submit a statement to or appear before
the authorized officer as required by section 7 , and where
such person, after diligent inquiry, cannot be found, the
authorized officer may pay the compensation into the High
Court to the credit of the person entitled thereto.

(2) Any compensation paid into the High Court by
virtue of this section may, on the subsequent application of
any person claiming to be entitled thereto, be paid out to
such person on the order of a Judge of the Court.

(3) All moneys paid into the High Court under the pro-
visions of this section which remain unclaimed for twelve
years after such payment shall be transferred and paid into
the general revenue, and all claims thereto shall be forever
barred.

Compensation to 24. A person interested in any land which, without
persons
interested in any portion thereof being compulsorily acquired, has been
adjacent land. injuriously affected by the erection or construction on land

compulsorily acquired of any works in respect of which the
land was acquired, shall be entitled to compensation in respect
of such injurious affection:

Provided that compensation shall not be payable under
this section in respect of any injurious affection which, if
caused by a private person, would not render such person
liable to an action.

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Land Acquisition (CAP. 233 17

25. (1) If any land shall be comprised in a lease for Special
provisions as to

a term of years unexpired and part only of such land shall lease,.
be acquired comp~lsorily, the rent payable in respect of the
land comprised in such lease may, on the application of the
lessor or the lessee to a Judge of the High Court, be appor-
tioned between the land acquired and the residue of the land.

(2) After such apportionment the lessee shall, as to all
future accruing rent, be liable to pay only so much of the
rent as shall be so apportioned in respect of the residue of
the land, and as to the residue of the land, and as against
the lessee, the lessor shall have all the same rights and
remedies for the recovery of such portion of the rent as
previously to such apportionment he had for the recovery
of the whole rent reserved by such lease, and all the covenants,
conditions, and agreements of such lease, except as to the
amount of rent to be paid, shall remain in force with regard
to the residue of the land in the same manner as they would
have done in case the residue of the land only had been
included in the lease.

(3) Where it is shown that the compulsory acquisition
of a portion of land comprised in a lease has rendered the
residue unsuitable for the purpose for which the land was
leased or where in the circumstances the said Court con-
siders it just so to do the Court may rescind the lease
altogether, and in such case the lessee shall only be liable
to pay the rent due at the date of the occurrence of the
circumstances on which the rescission order is based.

(4) Where as the result of such rescission of lease the
lessor or lessee suffers any loss or injury he shall be entitled
to compensation as hereinbefore provided in this Act.

26. Where any question arises touching the title of lo^,
any person to any land which may be entered upon or deemed OW~ZU,
acquired for the p;rposes of this ~ c t , o r touching an; estate
or interest therein, the person having the ostensible possession
or enjoyment of the rents and profits of such land shall, for
the purposes of this Act, be deemed to be the owner of the
same until the contrary is proved.

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 233) Land Acquisition

Fees and
expenses of 27. (1) Every assessor shall receive for his services
Board. such fee as the Governor-General. on the recommendation

of the Chairman, may direct.

(2) The Governor-General may also authorize the reim-
bursement of the travelling and subsistence expenses incurred
by the Chairman and members of a Board appointed under
this Act.

Conveyancing,
etc. costs to be 28. All reasonable costs, charges, and expenses
paid by incurred by the owners of the land or persons interested
authorized therein for all conveyances, assurances, transfers and
officer.

transmissions of any lands purchased or acquired, and of
any outstanding terms of interest therein, and of deducing,
evidencing and producing title to such lands, terms and
interest, and of making out such abstracts and attested copies
as the authorized officer may require, shall be paid by the
authorized officer.

Payment of
compensation, 29. All amounts which have been awarded by way
etc. of compensation under this Act, including interests and costs

to be paid by the authorized officer, and all other costs,
charges and expenses which shall be incurred under the
authority of this Act, shall be paid out of the Treasury on
the warrant of the Minister of Finance.

Exemption from
stamp duty and 30. Anything in any law to the contrary notwith-
fees. standing, no instrument or document relating to anything

lawfully done under, or for the purposes of this A C ~ , shall
be chargeable with any stamp duty, registration or record-
ing fee.

Limitation of
time for making

3 1. Except with the approval of the Cabinet in any
claims. case in which they consider that injustice may otherwise be

done, no claim for compensation which may be made under
the provisions of this Act, shall be admitted or entertained
unless the same shall be made within twelve months after
the date on which entry has been made on the land under
section 4 or, if a declaration has been made under section
3, within a similar period after the date of the second publica-
tion of such declaration.

LAWS OF ANTIGUA AND BARBUDA

Land Acquisition (CAP. 233 19

32. If any person- Assaulting or
obstructing

(a) assaults or obstructs or aids and abets any
person in assaulting or obstructing the authorized officer
or any of his agents, assistants or workmen in the
execution of his or their duty under this Act; or

( b ) opposes or impedes the lawful occupation or
taking of possession of any land under the provisions
of this Act,

he shall be liable, on summary conviction, to a fine not
exceeding three thousand dollars or to imprisonment with
or without hard labour for a term not exceeding three months.

33. The Land Acquisition Act, the Acquisition of ::;$-
Land (Amendment) Act, 1939, the Acquisition of Land 1411939.
(Amendment) Act, 1941, the Land Acquisition Act, 1944, 811941.
the Land Acquisition (Amendment) Act, 1953, and the 1111944. 311953.
amendments to the Land Acquisition Act, 1944 and to the s -R.0 . 1956
Land Acquisition (Amendment) Act, 1953, effected by the No. 22.

Adaptation of Laws Regulations, 1956 are hereby repealed.

34. All rights, powers, acts and duties exercised and Validation.
undertaken in Antigua and Barbuda by the Administrator,
the Administrator in Council, the Legislative Council, any
Judicial Officer, any Government Officer or any other per-
son whatever in exercise of the powers and authorities
purported to have been vested in them by the Acts referred
to in section 33, are hereby declared to have been validly,
properly and lawfully done and are confirmed as from the
time of the exercise of such rights, powers, acts and duties,
and, the said Administrator, the Administrator in Council
the Legislative Council, any Judicial Officer, any Govern-
ment Officer or any other person whatever as aforesaid are
hereby freed, acquitted, discharged and indemnified as well
against the Queen's Most Gracious Majesty Her Heirs and
Successors as against all and every person and persons
whatever, from all legal proceedings of any kind whatever,
whether civil or criminal in respect of or consequent on the
exercise of any such rights, powers, acts and duties as
aforesaid.
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