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BY Gilbert Kermundu
Chief Government Valuer
Valuation Division Ministry of Lands, Housing & Urban Development Government of Uganda Email: kermundugilbert@yahoo.co.uk
21st 22nd October, 2013 National Conference on Oil &Gas: Key Stakeholders Conference on Strengthening Governance and Participation in Ugandas Petroleum Industry Presented at Imperial View Hotel, Entebbe 1
Structure of Presentation
1. 2. 3. 4. 5. 6. 7. Introduction Compensation & Resettlement Legal, institutional and policy framework The land acquisition process (recommended) Basis of assessment and what is assessed The role of the CGV in Land Acquisition Sources and solutions to Grievances
Introduction
This document aims at presenting Governments policy on Compensation and Resettlement Processes in Uganda. Land Acquisition is defined as a process through which the Government acquires land (private) for public use or interest.
Land acquisition takes into account the following:a) The taking of private property (land) b) By Government c) For Public use/interest d) With just compensation
Local Government may acquire land in the public interest. Art.26(2)(b)prompt payment of fair & adequate compensation prior to possession/acquisition Art.237(2)(a).takes cognizance of Art.26
The following are some of the legal instruments that guide Land acquisition for public use. Land Act CAP 227, 1998 (as amended in 2010) The Land Acquisition Act CAP 226, 1965 The Mining Act, 2003: Section 82
Tenants Land
Licensee Land
Basis of assessment
The protected areas are owned by Government and acquisition ought to be handled REASONABLY unless these are licensed to private user under a SPECIAL LEASE. CONSENT to enter and use land in protected areas should be sought at first instance As a result of the restrictions, the land value is diminished (in value) also known as diminution. The diminution rate varies depending on the circumstance.
National Conference on Oil &Gas: Key Stakeholders Conference on Strengthening Governance and Participation in Ugandas
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Market Value: Defined as the estimated amount for which a property should exchange at the date of valuation between a willing buyer and a willing seller in an arms length transaction after proper marketing wherein the parties has each acted knowledgeably, prudently and without compulsion. Market values are determined by the Valuer and are based on land selling values governed by the following factors: Location in relation to urban centers Economic activity in the area Physical and geographical factors Population density Vicinity to services such as water electricity and roads Cultural attitudes to land transactions. Sources of information for market values are derived from field enquiries in the various project areas, land/valuation offices and estate agents.
21st 22nd October, 2013 National Conference on Oil &Gas: Key Stakeholders Conference on Strengthening Governance and Participation in Ugandas 15
Bases Defined
18/12/2012
National Conference on Oil &Gas: Key Stakeholders Conference on Strengthening Governance and Participation in Ugandas
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baseline studies)
4. Any other deemed relevant
Sources of Grievances
1.
2.
3.
4. 5. 6.
Misinformation - (give timely, accurate and reliable information to stakeholders). Compensation delays - (Pay on time. A shilling received today is more valuable than that received on a later date). Anxiety and speculation(sensitization and engagements, cut-off dates e.t.c): DO NOT ACCEPT HOPE VALUE! Determination of entitlement (Due diligence assessment) Dispute on ownership (Local leaders come in handy. Consult Land office for other inquiries) Handling vulnerable groups (Special arrangement be made for claims not handled under valuation)
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