Acquisition of land legislation strengthened
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GUYANA’S legislation in relation to the Acquisition of Land for a public purpose was on Wednesday strengthened, as pieces of necessary amendments were passed in the National Assembly.
The Acquisition of Lands for Public Purposes (Amendment) Bill 2024 was on Wednesday brought before the National Assembly for its second reading and was presented by Minister of Legal Affairs and Attorney General, Anil Nandlall, S.C.
According to the Attorney General, the Acquisition of land legislation has been with Guyana since colonial times and is over 100 years old and is a law that authorises the state to compulsorily acquire private property for public developmental purposes.
With this, he told the house that the state maintains an overarching and overriding power that is called eminent domain to be able to repossess and retake that land and emphasised repossess and retake as the state originally had always owned the land.
This law, which he noted exists in almost every democratic state, is a necessary power for development to take place in any country, and countries all around the world have ensured that within the repertoire of every independent state is that power.
According to the Attorney General, the proposed amendments will strengthen the legislation, thus bringing more benefits to the citizens of the country and those whose lands may have to be acquired for development projects.
Among the amendments, a few are being made to section seven of the principal Act, this is being amended to say that at the expiration of one month from the date of the order mentioned in the preceding section and the date of the order which is the date of the acquisition order or any longer period fixed by the law that the land specified therein shall vest in the state.
“So once the order is published, the land is vested in the state; the state becomes the owner by operation of law… subject to the payment of money or any compensation as hereinafter provided,” he told the assembly.
To this end, he indicated that further the first amendment to the law adds the word “prompt” subsequent to the payment of compensation.
As such, he asked opposition members who have been opposed to the amendments, what is it about this piece of legislation that is being deemed as bad for the property owner.
“We are saying that when the state takes the land, you are entitled to payment, we are adding the word prompt, so you are entitled to prompt payment… and prompt means immediate, you’re entitled to immediate payment,” the Attorney General said.
Further to his, he indicated that the second amendment to the law adds the word, “Adequate” before the word compensation in the law.
Nandlall noted that these amendments strengthen the law to protect the interest of property owners, whose properties are going to be acquired, as it will ensure that they are compensated adequately.
“The power to acquire was already there, what we are adding to it now is when you acquire and you are required to pay you must pay promptly; and you must pay not mere compensation, adequate compensation as determined by the Act and there are about three sections that tell you how to compute the compensation,” he expressed.
However, the Attorney General noted that just one day before the bill was brought before the house for its second reading, his office met with members of the opposition and discussed the amendments.
Nandlall noted that during this engagement, the need for the state to have immediate possession was accepted as part of the general law and this proposed amendment was left without any changes following the discussion.
Further to this, he noted that amendments further remove the bond that was previously paid to those whose lands were acquired and further allowed the minister to pay the property owner 80 per cent of what the government was offering as the purchase price.
This, he said, was objected to at the meeting with the opposition and further they suggested that the minister retain the power to pay the 80 per cent, but the minister must not pay directly to the owner, but lodges it with the registrar of the court for the owner of the property to uplift.
This, he said, was added to the amendments following the discussions. Nandlall further clarified that the principle upon which the individual must be compensated is not that they must get a profit, but must be justly compensated for the value of the land.
Further to this, he said he has listened to all manner of distortions being conveyed by others and as such noted that that is not so.
“The impression that is being conveyed is that the government is moving to the parliament for the first time to introduce this law to authorise the state to take private people’s property, an absolute distortion and misrepresentation. That power has been with the state from its birth and no additional power is given to the state in these amendments,” he affirmed.
Meanwhile, also making contributions to the debate on the legislation was Minister of Housing and Water, Collin Croal, who stated that the bill is about balance and ensures that the state can act decisively in the public’s interest while protecting the rights of landowners through a fair process.
“This amendment is not a threat to private ownership, but a safeguard to ensure that land is used responsibly for the collective benefit of all Guyana. These amendments will simplify the land- acquisition process, reduce bureaucratic hurdles that often [cause] delay[s] to infrastructure projects,” Croal said.
The housing minister further added that the amendment is not a threat to private ownership, but a safeguard to ensure that land is used responsibly for the collective benefit of all Guyana.
Croal added, “The proposed amendment aligns the Acquisition of Land for Public Purposes Act with national development goals, particularly those related to improving transportation and housing-related infrastructure which leads to overall economic growth.”
Meanwhile, Prime Minister, Brigadier (Ret’d) Mark Phillips, during his contribution noted that the amendments to the bill represent a vital legislative step and a cornerstone for development.
Several opposition members during their contributions to the debate on the bill indicated their interest for the bill to be taken to a special select committee for further deliberation, despite having consultations with the government in relation to this amendment.
The amendments were passed in the assembly following hours of intense debate with the addition of a few clauses that came subsequent to the meeting between the Attorney General’s team and members of the opposition earlier this week.
