Pdp warns lalong against ceding land to ruga punch. It addresses four important issues arising from the former land tenure systems in nigeria. Essays on the nigerian land use act 1978 edition open library. This however excludes all lands belonging to the federal government and its agencies under section 49 of the act. Although the land use act of 1978 was meant to usher in a new land reform in nigeria, it soon became a clog in the wheel of development over the years.
Apr 16, 2010 essays on the nigerian land use act 1978 by j. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals. The econolegal implications of mortgage of right of. The failure is ascribed to problems inherent in the act and. The land use act of 1978 lua has failed to achieve some of its objectives. Act more effective so that more of nigerias lands may come into use. A critical overview of the consent provisions under the land. This was more so because the military government which promulgated it also ensured it was embedded in. However, the interpretation and operation of this act has generated controversies and difficulties with. The paper further contends that the present land ownership system in nigeria as enshrined in the land use act of 1978 has socialist inclinations with excessive state control of land ownership, use and development. It is a reform essentially aimed at encouraging proper productive and efficient use of land.
Aug 27, 2019 download complete project materials on problem of compulsory acquisition and compensation under the land use act of 1978 from chapter one to five with references and abstract. The land use act is the greatest disservice that the obj administration bestowed to nigeria in 1978. Agricultural laws and reforms in nigeria school mattazz. It states that it is in the public interest that the rights of all nigerians to the functionality of the town planning authorities in effecting urban and regional planning laws. It is a statutory approach or device used by the federal government to consolidate and harmonize the diverse tenures prevalent in the country before the promulgation. Abstract the land use act as a single piece of legislation which came into force on 29th march, 1978 has generated more controversy than any piece of legislation of its kind. The land use act promulgated in 1978 and made an integral part of the constitution of the federal republic of nigeria was aimed at promoting. Citeseerx document details isaac councill, lee giles, pradeep teregowda. Multiplicity of land laws in nigeria prior to the promulgation of the land use act. It is argued that the natives could not claim any interest in any other land beyond their occupation because such interest has been lost by virtue section 1 of the land use act. Ownership and use of land in nigeria chapter one introduction meaning of land at common law generally, there are various definitions by different scholars as regards the meaning of land at common law.
By the 1970s these contradictions became so serious that they threatened to become a clog on the growth of. In life generally, everything that has a good side has its equivalent deficiency. The land use act 1978 was intended to ensure citizens access to land in nigeria by vesting ownership of all land within the territory of a state in the federation on the governor of that state. A case study of enugu urban includes abstract and chapter one, complete project material available critical analysis of the impact of the land use act of 1978 on property development in nigeria. It is incorrect to assume that the land use act of 1978 has totally transferred ownership of land to the governor of a state in nigeria. This law vests all land compromised in the territory of each state solely in the governor of the state who holds the land in trust for the people and is responsible for allocation of land in all urban areas to individuals residing in the state for residential, agriculture and commercial. Nigerias land use act, promulgated in 1978, is perhaps the most controversial legislation in the country. The result is that land rights are now vested in the state depriving the people their means of livelihood.
This law also creates the authorities such as the land use and allocation committee and the land allocation advisory committee to. In the course of this study and in the bid to critically examine the effects of the land use act, 1978 on the customary tenancy in nigeria, it was observed that, even before the coming of the colonial masters, the entity today known as nigeria had its own land tenure system with customary tenancy as part of it. General profile faolex database food and agriculture. This law vests all land compromised in the territory of each state solely in the governor of the state who holds the land in trust for the people and is responsible for allocation of land in all urban areas to individuals residing in the state for residential, agriculture and commercial purposes. Land ownership structure under the land use act 1978 2003 23 jppl p 2442.
Land use decree,1 1978 this decree, one of the most revolutionary enactments in nigerian law for many years, was made on march 29th, 1978, and is shown as commencing on that date, by the federal military government. Crown land reserves act 1978 sect 17b licences for. These laws were applied in each region to regulate land in the region. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the. Citeseerx compulsory acquisition of communal land and. Land use act in nigeria explained propertypro insider. The goal of this paper was to conduct a critical evaluation of the nigerian land use act 1978 in relations to land ownership rights and customary land tenures with particular foci on the effects of the act on the lands of the ikwerre ethnic nationality and, the anglican church. Land use act chapter 202 laws of the federation of nigeria 1990 an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the.
Nigerian land use act 1978 in relations to land ownership rights and. But by the effect of section 1, land use act, 1978 6, the governor of a state is the trustee of all the land comprised in the territory of the state. The paper concludes that government must reinvent the land use act, 1978, and come up with deliberate policies to transform the agricultural sector. The promulgation of the land use decree later the land use act in 1978 brought about the vesting of. Jan 11, 2018 the land use act is one of the most controversial discussion to a realtor. An evaluation of the efficiency of the land use act 1978. Addresses four important issues arising from the former land tenure systems in. The act, originally promulgated as a decree and annexed to the countrys constitution, was ostensibly made to nationalize landholding in the country. The act stipulated that individuals can only use a piece of land for 99 years after which the land reverts to the government. The sore point of this enactment is the consent requirement provided under. The word land means different things to different people and in different context.
A closer look at the principles under the land use act accepted usage. The rural poor and the vulnerable are those most affected. Land use act 1978 advantages and disadvantages of land use. What to do with the land use act by layi babatunde on march 29, 1978, a rather monstrous and bizarre law of general application over land in nigeria, entitled the land use act 1978, came into effect. He accused lalong of desperately trying to confiscate peoples land for ruga policy using the state house of assembly. The land use act and the state of nigerian land law journal of. Subject to the provisions of this act, all land comprised in the territory of each state in the federation are hereby vested in.
Prior to the land use decree of 1978, the nigerian land tenure system had become the object of intense attack and defence by vested interests promoting their views on changes in the tenure system which would best increase food and fibre production. Government acquisition of land under the land use act 1978. The land use and allocation committee shall be presided over bysuch one of its members as may be designated bythe governor and, subject to such directions as may be given in the regard bythe governor, shall have power to regulate its proceedings. Pdf the land use act and land ownership debate in nigeria. The land use act, enacted in 1978, was meant to standardise land administration systems across the country. This is about the most popular law governing real estate practice in nigeria.
It is revolutionary because it imposes for the first time in the whole of nigeria a common and. The act simply transferred the ownership of land to the state, which is to hold the land in public interest. Effect of the land use act in property development. The land use act of 1978 is made up of eight parts of fiftyone sections. Problem of compulsory acquisition and compensation under the. Problem of compulsory acquisition and compensation under. Appraisal, problems and prospects abstract from time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. Effect of the land use act in property development project. The land use act was promulgated by the federal government of nigeria on march 29, 1978.
The purpose of this essay therefore, is to critically examine the land use act of 1978 to see the extent to which it has enhanced the administration of land in nigeria. In each state a land use and allocation committee shall be established. The 1978 nigerian land use act empowered the federal government to declare any land public domain, designated as such for the purpose of promoting the public interest. Land use act decree of 1978, chapter 202 laws of the federation of nigeria. The land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for. Land ownership structure under the land use act 1978. Nigerian land tenure system since the lua was promulgated in 1978.
It was first enacted by the federal government in 1978, but lagos state has since domesticated it and enacted its own land use act cap l60, laws of lagos state 2003. But what annoys me even more is the fact that our current set of lawmakers since 1999 have not found it expedient to expunge such ridiculous act. Aims and objectives of the study the main purpose of this research work is aimed at analyzing the effects of land use act of 1978. The land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist economic structures. The act vests all land comprised in the territory of. What to do with the land use act nigerian law guru. An evaluation of the efficiency of the land use act 1978 of. This accounted for the multiplicity of land laws in nigeria prior to the promulgation of the land use act of 1978. An evaluation of the efficiency of the land use act 1978 of the. The land use act as a single piece of legislation which came into force on 29th march, 1978 has generated more controversy than any piece of legislation of its kind. In real estate, this is not new and you can be certain that there are worst situations in this case though, there is no surprise that the land use act of 1978 has both benefits and pitfalls.
This act vests all land comprised in the territory of each state in the federation in the governor of that state and requires that such land shall be held in trust and administered for the use and common benefit of all nigerians in accordance with the provisions of this act. Download complete project materials on problem of compulsory acquisition and compensation under the land use act of 1978 from chapter one to five with references and abstract. What has been done t improve the situation and what. Valuation for compensation on land and buildings compulsorily acquired for public purposes is statutory. Special focus land use in nigeria prior to the land use decree of 1978, the nigerian land tenure system had become the object of intense attack and defence by vested interests promoting their views on changes in the tenure system which would best increase food and fibre production. Feb 07, 2019 an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state and to organisations for residential, agriculture, commercial. The purchase and use of land in any place is the peak of real estate all over the world. The land use act lua of 1978 now cited as laws of the federation of nigeria, cap l5 lfn 2007, stipulates the use of depreciated replacement cost drc method in the valuation for compensation purposes for building and installation. The sore point of this enactment is the consent requirement provided under the act especially sections 21 and 22 therein. Land cannot be moved or just excavated from a particular location. Of 1978, the land tenure law of northern nigerian, 1962, the effects of land use act on naluation practice, the roles of valuers as put forward in land use act, 1978, effects of zoning land and buildings. A case study of enugu urban abstract real estate development and use of land are prompted.
The land use act, 1978 was ostensibly enacted to address the importance of land to nigerians and therefore provide viable management options to land administration in nigeria. Notwithstanding the existence of laws regulating land, the problems of land tenure and land administration persisted both in the northern and southern nigeria. The land use act and land ownership debate in nigeria. Enter your mobile number or email address below and well send you a link to download the free kindle app. Chapter two of effect of the land use act in property development contains. Compensation for land and building compulsorily acquired. Land legislation gender and land rights database food and. If this is the first time you use this feature, you will be asked to authorise cambridge core to connect with your account. Abstract the land use act as a single piece of legislation which came into force on 29th. The effects of land use act on sustainable housing.
These different meanings notwithstanding, land, since prehistoric time, has been of elemental significance to the affairs of man. The act was promulgated as land use decree in 1978 by the then military government under general olusegun obasanjo. Download complete project materials on problem of compulsory acquisition and compensation under the land use act of 1978 from chapter one to five with references and. This was more so because the military government which promulgated it also ensured it was embedded in the constitution of the country.
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