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STATE LANDS ACT, 1962 (ACT 125)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Acquisition.
2. Publication of instrument.
3. Determination by High Court.
4. Claims and compensation.
4A. Appeals.
5. Leases and licences.
6. Regulations.
7. Interpretation.
8. Repeals.
9. Saving.
THE HUNDRED AND TWENTY-FIFTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE STATE LANDS ACT, 1962
AN ACT to provide for the
acquisition of land in the
national interest and other
purposes connected therewith.
DATE OF ASSENT: 14th June, 1962
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Acquisition.
(1) Whenever it appears to the
President in the public interest
so to do, he may, by executive
instrument, declare any land
specified in the instrument, other
than land subject to the
Administration of Lands Act, 1962
(Act 123), to be land required in
the public interest; and
accordingly on the making of the
instrument it shall be lawful for
any person, acting in that behalf
and subject to a month's notice in
writing to enter the land so
declared for any purpose
incidental to the declaration so
made.
Provided that where the National
Liberation Council is satisfied
that special circumstances exist
by reason of which it appears to
the Council to be expedient that
any particular land which is
subject to the Administration of
Lands Act, 1962 (Act 123) should
be declared under this subsection
to be land required in the public
interest, the Council may by
writing declare that it is so
satisfied and thereupon it shall
be lawful for the said land to be
declared under this subsection to
be land required in the public
interest and the Administration of
Lands Act, 1962 shall not apply to
any such land in respect of which
an executive instrument has been
made in accordance with this
subsection.[As inserted by the
State Lands Act, 1962 (Amendment)
Decree, 1968 (NLCD 234) ]
Section 2—Publication of
Instrument.
A
copy of the instrument made under
the preceding section shall,
(a) be served personally on any
person having an interest in the
land; or
(b) be left with any person in
occupation of the land; and
(c) be served on the traditional
authority of the area of
acquisition which shall request
the Chief to notify the people of
the area concerned; and
(d) be affixed at a convenient
place on the land; and
(e) be published on three
consecutive occasions in a
newspaper circulating in the
district where the land is
situated and in such other manner
as the Commissioner may direct.[As
substituted by State Lands
(Amendment) Decree, 1979 (AFRCD
62), s.(i)]
(2) An instrument made under the
preceding subsection may contain
particulars in respect of the date
on which the land so declared
shall be surrendered and any other
matter incidental or conducive to
the attainment of the objects of
the instrument including an
assessment in respect of the
compensation that may be paid.
(3) On the publication of an
instrument made under this
section, the land shall, without
any further assurance than this
subsection, vest in the President
on behalf of the Republic, free
from any encumbrance whatsoever.
Section 3—Determination by High
Court.
Subject to section 4, the High
Court shall determine the rights
or interest of any person,
(a) where there is a dispute as to
the right or interest claimed by
reason of conflicting claims or
interest,
(b) where the person is
dissatisfied with the compensation
assessed by the Lands
Commission.[As Substituted by the
State Lands (Amendment) Act, 2000
(Act 586), s.1]
Section 4—Claims and Compensation.
(1) Any person who claims a right
or has an interest in any land
subject to an instrument made
under section 1 of this Act or
whose right or interest in any
such land is affected in any
manner shall, within six months
from the date of the publication
of the instrument made under
section 1, submit in writing to
the Lands Commission—
(a) particulars of his claim or
interest in the land;
(b) the manner in which his claim
or interest has been affected by
the executive instrument issued
under this Act;
(c) the extent of any damage done;
and
(d) the amount of compensation
claimed and the basis for the
calculation of the compensation.
(2) The Lands Commission shall
upon receipt of claim for
compensation under subsection (1)
cause to be assessed the payment
of fair and adequate compensation
by the government for the land
acquired to the owner.
(3) In assessing the compensation
for land under subsection (2)
regard shall be had to—
(a) the market or replacement
value of the land;
(b) the cost of disturbance or any
other damage suffered thereby; and
(c) the benefits to be derived by
the people of the area in which
the land is situated from the use
for which the land is acquired.
(4) Subject to the Constitution,
where a compulsory acquisition or
possession of land effected under
this Act involves displacement of
any inhabitants, the Lands
Commission or such other
government agency as the President
shall direct shall settle the
displaced inhabitants on suitable
alternative land with due regard
for the economic well-being and
social and cultural values of the
inhabitants concerned.
(5) In assessing compensation
under this Act no account shall be
taken of any improvement on the
land made within two years
previous to the date of
publication of the instrument made
under section 1 of this Act unless
the improvement was made in good
faith and not made in
contemplation of acquisition under
this Act.
(6) Where compensation for land is
assessed but cannot be paid owing
to a dispute, Government shall,
pending the final determination of
the matter, lodge the accrued
amount in an interest—yielding
escrow account and the amount
together with the interest shall
be released to the person entitled
upon the final determination of
the matter. [As Substituted by the
State Lands (Amendment) Act, 2000
(Act 586), s.2]
Section 4A—Appeals.
(1) Any person who is aggrieved by
a decision of the High Court on
any matter dealt with by the High
Court under this Act may appeal
against the decision to the Court
of Appeal.
(2) The Court of Appeal may upon
hearing the appeal confirm,
reverse or vary the decision of
the High Court and may make such
other order as it think fit.
(3) The rules applicable to a
civil appeal before the Court of
Appeal shall apply to an appeal
brought under this section. [As
inserted by the State Lands
(Amendment) Act, 2000 (Act 586),
s.3]
Section 5—Leases and Licences.
The Lands Commission may grant a
lease or a licence in respect of
any land acquired under this Act.
[As Substituted by the State Lands
(Amendment) Act, 2000 (Act 586),
s.4]
Section 6—Regulations.
The Minister may, by legislative
instrument, make Regulations
prescribing fees to be paid under
this Act and for the better
carrying into effect of the
principles of this Act.
Section 7—Interpretation.
In this Act, unless the context
otherwise requires,
"cost of disturbance" means the
reasonable expenses incidental to
any necessary change of residence
or place of business by any person
having a right or interest in the
land;
"market value" means the sum of
money which the land might have
been expected to realise if sold
in the open market by a willing
seller at the time of the
declaration made under section 1
of this Act;
"Minister" means the Minister
responsible for lands;
"other damage" means damage
sustained by any person having a
right or interest in the land or
in adjoining land at the date of
the declaration made under section
1 of this Act, by reason of
severance from or injurious
affection to any adjoining land;
"replacement value" means the
value of the land where there is
no demand or market for the land
by reason of the situation or of
the purpose for which the land was
devoted at the time of the
declaration made under section 1
of this Act, and shall be the
amount required for reasonable
re-instatement equivalent to the
condition of the land at the date
of the said declaration.
Section 8—Repeals.
(1) The provisions of sections 4
to 18 of the State Property and
Contracts Act, 1960 (CA 6) in so
far as they relate to land shall
cease to have effect.
(2) The Housing Schemes
(Acquisition of Land) Ordinance
(Cap. 85) is hereby repealed.
(3) The State Lands (Amendment)
Decree, 1974 (NRCD 307). [Repealed
by the State Lands (Amendment)
Act, 2000 (Act 586), s.5]
Section 9—Saving.
Notwithstanding the repeal of the
enactments specified in the
preceding section, any subsidiary
legislation made thereunder and in
force immediately prior to the
commencement of this Act, shall
continue to have effect as if made
under
amended by
STATE LANDS ACT, 1962 (AMENDMENT)
DECREE, 1968 (NLCD 234)1
STATE LANDS (AMENDMENT) DECREE,
1979 (AFRCD 62)2
STATE LANDS (AMENDMENT) ACT, 2000
(ACT 586)3
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