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Chapter 62:06 -Acquisition of Land (Land Settlement)

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L.R.O. 1/2012
LAWS OF GUYANA
ACQUISITION OF LAND (LAND SETTLEMENT) ACT
CHAPTER 62:06
Act
13 of 1957
Amended by
21 of 1959


1 – 15 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Index
of
Subsidiary Legislation
Page
Acquisition of Lands for Public Purposes (Land Settlement Scheme)
Order
12
(O. 37/1991) Erratum dated L.S. 19th Oct., 1991 (G./1991)




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CHAPTER 62:06
ACQUISITION OF LAND (LAND SETTLEMENT) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Power of Minister to declare a land settlement scheme a public work
under section 3 of Cap. 62:05.
4. Modification of application of Cap. 62:05 when land required for land
settlement scheme.
5. Method of assessment of compensation.
6. Award and assessment of fair value where land is acquired.
7. Appointment of commissioners, etc.
8. Power to acquire land by lease.
9. Power of Court to award additional sum to claimant.
10. Conditions relating to land sold or leased.
SCHEDULE—Income from use of land for Agriculture.
__________________________
13 of 1957 An Act to make provision for the Acquisition of Lands to be
used for the purpose of Land Settlement.
[25th MAY, 1957]
Short title.
Interpretation.
1. This Act may be cited as the Acquisition of Land
(Land Settlement) Act.
2. In this Act—
“land settlement scheme” includes any project intended to
secure land for the establishment of farmers as an
organised settlement or for distribution by sale, lease or
otherwise to persons individually for agricultural
purposes;
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c. 62:05
Power of
Minister to
declare a land
settlement
work under
section 3 of Cap.
62:05.
Modification of
application of
land required
for land
settlement
scheme.
“the Principal Act” means the Acquisition of Land for Public
Purposes Act.
3. Subject to section 7 of this Act, the Minister may by
order under section 3 of the Acquisition of Lands for Public
Purposes Act declare any land settlement scheme to be a
public work for the purposes of the Principal Act, and
thereafter that Act shall, subject to the modifications
hereinafter stated, apply in relation to the acquisition of any
land for the purposes of such schemes.
4. When an order made under section 3 of the
Principal Act and section 3 of this Act has declared a land
settlement scheme to be a public work, then in relation to the
acquisition of any land required for the purposes of such
scheme—
(a) section 5(1) of the Principal Act shall
have effect as if the following
paragraphs were added thereto—
“(d) to set out the boundaries of the
land proposed to be taken;
(e) to do all such other acts as may
be incidental to or necessary for
any of the purposes aforesaid.”;
(b) the proviso to section 7(1) of the
Principal Act shall have effect as if for
the words “for the public work for
which the land is required”
therein appearing there were
substituted the following words—
“to pay the purchase price or
compensation for the land required”;
Cap. 62:05 where
scheme a public
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Method of
assessment of
compensation.
c. 62:05

Schedule.
Award and
assessment of
fair value
where land is
and
(c) section 19 of the Principal Act shall not
have effect.
5. (1) Section 18(a) of the Principal Act shall not have
effect, and in assessing the value of land or of any interest
therein acquired compulsorily under this Act, regard shall be
had to the following factors:
(a) either the capitalised value of the net
annual income which would be
derived from the use of the land for
agriculture after deducting the
estimated capital expenditure on
improvements required to bring the
land into a state fit for use as aforesaid
or, the price paid for the land (exclusive
of any buildings, plant and machinery
on the land) by the person who owned
the land on the 1st July, 1955,
whichever is the greater;
(b) the market value of any buildings,
plant and machinery on the land
having regard to the general
conditions, state of repair and fitness
for use of such buildings, plant and
machinery.
(2) For the purposes of subsection (1) the net
annual income and the capitalised value of such income shall
be determined in accordance with the principles set out in the
Schedule to this Act.
6. (1) In determining claims for compensation the
Court shall have power to consider and award to the
claimant such additional amount as the Court deems
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acquired.
Appointment
of
commissioner
etc.
[21 of 1959]
c. 62:05

necessary in order to make such compensation a fair value
of the land acquired compulsorily under this Act.
(2) In determining whether it is necessary to
award any additional amount as aforesaid the Court shall
consider—
(a) the nature and extent of the estate or
interest of the claimant in the land;
(b) the extent to which the value of the
improvements on the land exceeds
the value of the improvements
normally required;
(c) any special value that the land may
have by reason of locality;
(d) such other matters affecting the land
as the Court considers relevant.
7. (1) Before an order is made under section 3 of the
Principal Act and section 3 of this Act, the Minister may, and
if requested to do so in writing by the owner or occupier of
the land shall, by notice published in the Gazette, issue a
Commission appointing two or more commissioners to
determine by investigation whether or not it is in the public
interest that the land in respect of which it is sought to make
an order as aforesaid should be acquired for a land
settlement scheme having regard to the extent to which the
land is not beneficially occupied or utilised for agriculture.
(2) In making their investigation the
commissioners shall, together with any other relevant
matters, take into consideration the following matters, that is
to say—

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c. 19:03
(a) the extent to which the land requires
improvements to be effected before it
can be utilised for agriculture;
(b) the reasonable requirements of the
owner of the land for agriculture.
(3) Subject to subsection (5) of this section,
commissioners appointed as aforesaid shall have all the
powers, duties and obligations of, and shall for all
purposes be deemed to be, commissioners appointed
under the Commissions of Inquiry Act.
(4) Where in making their investigation the
commissioners find that any part or parts of the land are in
beneficial occupation or are utilised for agriculture but that
having regard to the extent to which the land as a whole is so
occupied or utilised it is nevertheless in the public interest
that such part or parts be acquired in order to ensure the
planned development of the land as a whole, the
commissioners shall in their report distinguish between those
parts of the land which are beneficially occupied or utilised
for agriculture and those which are not.
(5) Any person whose interests are, or may be
prejudicially affected shall be entitled to be heard by himself
or counsel or attorney-at-law before such commissioners.
(6) The report of the commissioners to the Minister
shall be published in the Gazette.
(7) If the commissioners report to the Minister that
it is not in the public interest that any land or any part of such
land in respect of which it is sought to make an order should
be acquired for a land settlement scheme, it shall not be
lawful for the Minister to make an order with respect to such
land or part thereof as the case may be.

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Power to
acquire land by
lease.
c.62:05
8. (1) Anything in the Principal Act to the contrary
notwithstanding where any order has been made under
section 3 of the Principal Act and section 3 of this Act, the
Minister may, where he considers it expedient so to do, by
order published in the Gazette, declare that the land described
in such order shall be held by the State on a lease subject to
such terms and conditions as may be specified in such order.
(2) Upon the expiration of thirty days after the
publication of any order made under subsection (1) of this
section, the land described in such order shall be deemed to
have been leased to the State on the terms and conditions
specified in such order.
(3) The compensation to be paid in respect of such
land shall be assessed on the following basis, that is to say—
(a) an annual rent equivalent to the
amount of the estimated net annual
income derived from the use of the
land for agriculture determined as at
the date of the acquisition of the land
in accordance with the principles
set out in the Schedule to this Act, or
six per cent of the price paid for the
land (exclusive of any buildings, plant
and machinery on the land) by the
person who owned the land on the 1st
July, 1955, whichever is the greater;
(b) six per cent of the market value of any
buildings, plant and machinery on
such land;
(c) such amount, if any, as may be
payable in accordance with section
18(b), (c) and (d) of the Principal Act.
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Power of
Court to award
additional sum
to claimant.
Conditions
relating to land
sold or leased.
c. 62:05
(4) The powers conferred upon the Minister by
this section shall be in addition to and not in derogation of
and this Act, and notwithstanding the exercise of the power
may at any other subsequent time exercise in respect of such
writ any other power conferred upon him by the principal
Act and this Act.
9. In determining claims for compensation where an
order has been made by the Minister under section 8 of this
Act, the Court shall have power to consider and award to the
claimant an additional sum by way of annual rent equivalent
to six per cent of such additional amount as the Court would
deem it necessary to award under section 6 of this Act if the
land were acquired compulsorily under section 3 of this Act.
10. (1) Where any land acquired under the Principal
Act and this Act is sold or leased to any person for the
purposes of any land settlement scheme—
(a) the purchaser or lessor as the case
may be, shall not sell, lease, let, sub-
let, charge or incumber such land
without the consent of the Minister,
and any sale, lease, letting, sub-
letting, charge or incumbrance in
contravention of the provisions of
this section shall be void and of no
effect;
(b) such land, or the lessor’s interest
therein as the case may be, shall not
be liable to be taken in execution
except in respect of any debt owing
to, or obligation arising under any
guarantee by, the State, or in respect
of the recovery of any tax, duty, rate
any other power conferred upon him by the Principal Act,
conferred by this section in respect of any land , the Minister
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S.5 (2), 8(3)
or other sum of money due and
owing to the State or to any statutory
authority.
(2) The provisions of subsection (l)(a) and (b) shall
be set out in every transport or lease relating to any land
acquired under the Principal Act and this Act which is sold
or leased for the purposes of a land settlement scheme.
SCHEDULE
Principles for determining the net annual income from the use of
land for agriculture and the capitalized value of such income
The net annual income from the use of land for
agriculture shall be the estimated net annual income that can
be derived from the land by average efficient farmers
engaged in the cultivation of crops, in animal husbandry or
both in accordance with normal standards and practices in
Guyana having regard to the position and character of the
land.
2. In order to arrive at the estimated net annual
income there shall be deducted from the estimated gross
annual income all expenses (other than land rent and capital
expenditure) that would necessarily be incurred in the
production of the income. The amount of the gross income as
aforesaid shall be computed on the basis of the price for farm
products that can be expected to be produced from the use of
the land on the basis of prices ruling at the date of the
compulsory acquisition of the land.
3. For the purposes of paragraph 2 above, the
expenses that would necessarily be incurred in the production
of the income shall include, in addition to all other working
expenses, reasonable remuneration for the work performed
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c. 69:02
by the farmer or any other person in the production of the
income together with interest calculated at the rate of 6 per
cent per annum on the estimated capital expenditure on
improvements required to bring the land into a state fit for
use for agriculture and on the estimated average annual
capital value of the stock and equipment required to be used
in the farming operations.
4. In the case of land which is, or would after
improvements effected be, rice land as defined by the Rice
Farmers (Security of Tenure) Act, the estimated net annual
income per acre therefrom shall in any event not be less than
the net amount that would accrue to the owner from the
rental of such rice land after deducting from the current
appropriate maximum basic rent under the aforesaid Act
interest at 6 per cent per annum on the estimated capital
expenditure required to bring the land into a state fit for rice
cultivation.
5. The capitalized value of the net annual income from
the use of land for agriculture shall be deemed to be the sum
which if invested at interest at the rate of 6 per cent per
annum would yield annual interest equivalent to such net
annual income.
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O.37/1991
Erratum
19/10/91
Citation.

Land declared
to be public
works.
SUBSIDIARY LEGISLATION
_________________
ACQUISTION OF LAND FOR PUBLIC PURPOSES
made under section 3 of Cap. 62:05
1. This order may be cited as the Acquisition of Land
2. The proposed utilisation of the lands described in
the schedule, for the establishment of a land settlement
scheme is hereby declared to be a public work.
SCHEDULE
(a) PLANTATION HACKNEY
A portion of the Plantation Hackney situated on the right
bank of the Pomeroon River, Essequibo and bounded as
follows:-
On the South: by the common boundary with
Plantation Muncker (a);
On the East: by the Mean High Water Mark
of the Atlantic Ocean;
On the West: by the Pomeroon River;
On the North: by the Hackney Canal

(b) PLANATION MUNCKER (a)
A portion of the Plantation Muncker (a) situated on the
Right bank of the Pomeroon River, Essequibo and
bounded as follows:-
( LAND SETTLEMENT SCHEME ) ORDER
for Public Purposes (Land Settlement Scheme) Order.
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On the North: by the common boundary
between Plantation Hackney
and Plantation Muncker (a);
On the East: by the Mean High Water Mark
of the Atlantic Ocean;
On the South: by the common boundary
between Plantation Mucker (a)
and Plantation Muncker (b);
On the West: by the Pomeroon River.
(a) PLANTATION MUNCKER (b)
The portion of the Plantation Muncker (b) situated on the
Right Bank of the Pomeroon River; Essequibo and
bounded as follows:-
On the North: by the common boundary
between Plantation Muncker
(a) and Plantation Muncker (b);
On the South: by the common boundary with
Plantation Phoenix Park;
On the East: by the Mean High Water Mark
of the Atlantic Ocean;
On the West: by the Pomeroon River.
(b) PLANTATION PHOENIX PARK
A portion of the Plantation Phoenix situated on the Right
Bank of the Pomeroon River, Essequibo and bounded as
follows:-
On the North: by the common boundary with
Plantation Muncker (b);
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On the South: by the common boundary with
Plantation Kitty;
On the East : by State Land;
On the West: by the Pomeroon River.
(c) PLANTATION KITTY
A portion of Plantation Kitty situated on the Right Bank
of the Pomeroon River, Essequibo and bounded by as
follows:-
On the North: by the common boundary with
Plantation Phoenix Park;
On the South: by the common boundary with
Government reserve and State
Land respectively
On the East: by State Lands;
On the West: by the Pomeroon River.
(d) PLANTATION ENTERPRISE
A portion of Plantation Enterprise situated on the Right
Bank of the Pomeroon River, Essequibo and bounded as
follows:-
On the North: by the centre line of the
sideline dam and State Land
respectively;
On the South: by the centre line of the
sideline dam and State Land
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respectively;
On the East: by State land;
On the west: by the Pomeroon River.
(e) PLANTATION LAND OF PROMISE
A portion of the Plantation Land of Promise situated on
the Right Bank of the Pomeroon River, Essequibo and
bounded as follows:-
On the North: by the common boundary with
Grant 1863, Grant 6256 and
Plantation Still-in-Hope
respectively;
On the South: by the common boundary with
Plantation Friendship and
State Lands respectively;
On the East: by the mean High Water Mark
of the Atlantic Ocean;
On the West: by the Pomeroon River.
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