ASSESSMENT OF COMPULSORY ACQUISITION AND COMPENSATION UNDER THE LAND USE DECREE (NOW ACT) OF 1978: CASE STUDY OF NEW G.R.A, ILORIN, NIGERIA

Abstract

This study carried out an assessment of land acquisition and compensation process in Ilorin, Kwara State with a view to identifying the problems and proffer relevant solution towards achieving an effective and efficient land acquisition and compensation delivery process in the State. The study is exploratory and adopted field survey, interview with claimants and government officials. It also reviews secondary data available as well as the compulsory acquisition and compensation process in Kwara State. The research revealed that the practice of valuation for compulsory acquisition of landed property is governed by legislative statutes that vary from one country to another. The study further revealed that the compulsory acquisition process in Kwara State is based on the heads of claims which may be bare land, buildings and installations, crops and economic trees. The study further revealed that several methods are used in valuing each of the heads of claims and that the Land Use Act of 1978 is still the main law in Nigeria guiding compulsory acquisition and compensation in Nigeria with sections 27 and 28 making relevant provisions for such under the law. The study further identified some problems such as the provisions of the Land Use Act and the compensation process itself; the adequacy of valuation methods, process used and the compensation payable. The study thus concludes that for efficient land acquisition and compensation process there is a need to proffer solutions to the identified problems. The study then recommends a review of the Land Use Act of 1978; adequate compensation; a careful compulsory acquisition and compensation process and an implementation of a comprehensive Land Use Policy.