Taking of Land Amendment Act

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202005/Taking_of_Land_Amendment_Act_2005_-_Eng.pdf
Published: 2005

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Arrangement of Provisions

1. Short title and
commencement
2. Application of Act
3. Revocation of Proclamation
taking land
4. Assessment of compensation
for the temporary taking of
land
__________

2005, No.19

AN ACT to amend the Taking of Land Act 1964.
[28th
June 2005]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement-(1) This Act may be
cited as the Taking of Land Amendment Act 2005 and shall be
read with and form part of the Taking of Land Act 1964 (the
Principal Act).
(2) This Act shall commence on the 1st January 2000 and
for this purpose shall have retrospective effect.
(3) Notice of commencement of this Act shall be published
in Samoan and English in the Savali and one other newspaper
circulating in Samoa.

2. Application of Act – For the purpose of removal of
doubt this Act applies to all:
8 Taking of Land Amendment 2005 2005, No.19

(a) Compulsory acquisitions of land taken under the
provisions of the Principal Act from the date of
commencement of this Act; and
(b) Claims and legal proceedings concerning
compulsory acquisitions referred to in paragraph
(a) where such claims or legal proceedings are
not completed or finalized as at the date of
commencement of this Act.

3. Revocation of Proclamation taking land-(1) Section
21(1) of the Principal Act is amended by deleting the words
“the payment or award of any” and substituting the words “the
complete payment or final award of”.
(2) Section 21(4) of the Principal Act is amended by
deleting all words after the words “damage in accordance with”
and substituting the expression “sections 57A and 57B of this
Act”.

4. Assessment of compensation for the temporary taking
of land – The Principal Act is amended by inserting the
following after section 57:

“57A. Assessment of compensation for the temporary
taking of land-(1) Sections 57A and 57B apply despite any
other law, including but not limited to the other provisions of
this Act.
(2) Wherever a conflict arises between the provisions of
sections 57A and 57B and any other law, including but not
limited to the other provisions of this Act, the provisions of
sections 57A and 57B shall prevail.
(3) Where a Proclamation taking land is revoked under the
provisions of section 21 of this Act, any person who has any
estate or interest in the land and who has in respect of that estate
or interest suffered any loss or damage by reason of the
Proclamation taking the land shall, subject to the limitation
period provided in section 21(4) of the Act, be entitled to
compensation in accordance with the provisions of section 57B.
2005, No.19 Taking of Land Amendment 9

57B. Principles of assessment for temporary taking of
land-(1) Compensation for the taking of land, where the
Proclamation taking the land is revoked under section 21 of this
Act, shall be agreed to or assessed in accordance with the
provisions of this section.
(2) Subject to subsections (3) and (4), compensation shall
be agreed to or assessed and payable only under the following
heads of compensation:
(a) Compensation (if any) for any actual loss of income
from the use of the land during the period of
compulsory acquisition;
(b) Compensation (if any) for any actual costs incurred
in purchasing or leasing other land, where such
purchase or lease is for the sole purpose of
providing substitute land to be used for the same
purpose for which the land compulsorily
acquired was used immediately prior to its
compulsory acquisition;
(c) Compensation (if any) for any damage caused to the
land by the Government during the period of
compulsory acquisition; and
(d) Compensation (if any) for any other actual loss
which the claimant has suffered during the
period of compulsory acquisition, where such
loss is directly attributable to the compulsory
acquisition of the land.
(3) Where other land is purchased in accordance with
subsection (2)(b), the amount of compensation (if any) agreed
to or assessed and payable under subsection (2)(b) shall be
reduced by the value of such other land as at the date
compensation is agreed to or assessed under this section.
(4) In determining the amount of compensation payable
under this section, the Government or the Supreme Court, as the
case may require, shall deduct and/or offset from any
compensation agreed to or assessed and payable under
subsection (2):
(a) Any increase in the value of the land compulsorily
acquired where such increase is caused by or
results from the Government’s compulsory
10 Taking of Land Amendment 2005 2005, No.19

acquisition or use of the land during the period
of compulsory acquisition; and
(b) Any payment of compensation already made in
respect of the land compulsorily acquired.
(5) Subject to subsections (3), (4), (6), (7), (9), (10) and
(11), the Government shall pay to the person being
compensated the amount of any compensation agreed to or
assessed under this section.
(6) Subject to subsections (10) and (11), where any
payment of compensation already made is less than the amount
of compensation agreed to or assessed under this section, the
Government shall pay to the person being compensated the
difference between the amount of compensation agreed to or
assessed under this section and the payment of compensation
already made.
(7) Subject to subsections (9) and (10), where any payment
of compensation already made exceeds the amount of
compensation agreed to or assessed under this section, the
person to whom such payment has been made shall repay to the
Government the difference between the payment of
compensation already made and the amount of compensation
agreed to or assessed under this section.
(8) Subject to subsections (9) and (10), if a Proclamation
taking land is revoked in accordance with the provisions of
section 21 of this Act, the Minister shall comply with the
provisions of section 26 of this Act.
(9) Prior to the Minister entering into any agreement under
this section and prior to the Supreme Court assessing and
determining an entitlement to compensation under subsection
(14), where there is any doubt or concern as to who is eligible to
be compensated:
(a) In the case of freehold land, the Minister or other
interested persons may apply to the Supreme
Court to determine who (if any person) is
eligible for compensation under this section; and
(b) In the case of customary land, the Minister or other
interested persons may apply to the Land and
Titles Court to determine who (if any person) is
eligible for compensation under this section.
2005, No.19 Taking of Land Amendment 11

(10) Prior to the Minister entering into any agreement under
this section and prior to the Supreme Court assessing and
determining an entitlement to compensation under subsection
(14), in the case of customary land held by one or more persons
under customary law and usage, the Minister or other interested
persons may apply to the Land and Titles Court to determine
who (if any person) is eligible under customary law and usage:
(a) To enter into any legally binding agreement with the
Minister under section 26 for and on behalf of
the persons claiming an estate or interest in such
land; and
(b) To whom compensation is to be paid for and on
behalf of such persons.
(11) For all purposes, any determination by the Supreme
Court and the Land and Titles Court under subsections (9) and
(10) shall be final and binding on the Supreme Court, the Land
and Titles Court, the Court of Appeal, the Minister and all
parties and persons subject to or affected by the determination.
(12) For the purposes of removal of doubt, any agreement
made by the Minister and interested persons in accordance with
the provisions of this section shall be binding on:
(a) The parties to the agreement;
(b) All persons subject to or affected by a determination
made pursuant to subsections (9) or (10); and
(c) All other persons claiming an interest in the land.
(13) Despite any other law, no party to or person subject to
or affected by an agreement under this section and no party to
or person subject to or affected by a determination under
subsection (10) shall be entitled to bring or maintain any
application to or any other proceedings before the Supreme
Court for or concerning compensation under this section where
an agreement as to compensation has been entered into in
accordance with the provisions of this section.
(14) Subject to this section and the limitation period
provided in section 21(4) of this Act, if compensation is not
agreed to under this section, any person claiming an entitlement
to compensation under this section may apply to the Supreme
Court to assess and determine what compensation (if any) the
person is eligible for.
12 Taking of Land Amendment 2005 2005, No.19

(15) In determining who is eligible for compensation and
the level or amount of compensation under this section, the
Supreme Court and the Court of Appeal shall:
(a) Comply with the provisions of this section; and
(b) Assess or otherwise determine compensation only in
accordance with the provisions of this section.”



__________


The Taking of Land Amendment Act 2005 is administered in the
Ministry of Natural Resources and Environment