Expediting Compulsory Land Acquisition: The Constitution (Amendment) Bill, 2017
Article 26 of the Ugandan Constitution enshrines the right to property and the protection from deprivation of property, subject only to the prompt payment of fair and adequate compensation prior to taking possession of the property. This provision was underscored by the Supreme Court ruling, in Uganda National Roads Authority v Asumani Irumba, that before the compulsory acquisition of land for the development for government projects is effected, the property owner must receive prompt payment of fair and adequate compensation. Accordingly, the Supreme Court nullified a provision of the Land Acquisition Act (Cap 226), which permitted the government to take possession of land upon the making of an award for compensation, but before payment.
head of ENSafrica Advocates Uganda pkarugaba@ENSafrica.com cell: +256 772 785 332
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