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Vanuatu Consolidated Legislation - 1988 |
Commencement: 17 September 1965
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 36
EXPROPRIATION FOR PUBLIC UTILITY
JR 35 of 1964
JR 26 of 1972
ARRANGEMENT OF SECTIONS
SECTION
PART I
General Provisions
1. Order of Court
2. Procedure
3. Taking possession
4. Public works
PART II
Preliminary Administrative Measures
5. Plans
6. Notification to persons interested
7. Alteration of plan
8. Declaration of acquisition
PART III
Acquisition of Registered Immovable Property
9. Documents to be sent to Court
10. Publication of Court order
11. Decree to be registered
12. Properties of minors, etc.
PART IV
The Expropriation of Immovables not Subject to the
System of Registration or Subject to this System but not Registered
13. Procedure where property is unregistered
14. Caveat
15. Expropriation proceedings before Court
16. Decree
17. Rights of compensation
PART V
Compensation for Expropriation
18. Communication of offers
19. Acceptance of offers
20. Refusal of offers
21. Assessing compensation
PART VI
Procedure to be followed by the Assessment Commission
22. Hearing evidence
23. Procedure at hearings
24. Rules for fixing compensation
25. Execution of decision
26. Appeal
PART VII
Other Provisions
27. Deposit of compensation
____________________
EXPROPRIATION FOR PUBLIC UTILITY
To provide for the expropriation of immovable property for the purposes of public utility.
PART I
GENERAL PROVISIONS
ORDER OF COURT
PROCEDURE
TAKING POSSESSION
Provided that in the case of emergency such possession may be taken after an amount determined by the Supreme Court has been deposited as security for compensation.
PUBLIC WORKS
(c) defining the areas affected by the works and the immovable property which is to be acquired wholly or in part.
PART II
PRELIMINARY ADMINISTRATIVE MEASURES
PLANS
(2) The technical staff appointed for this work shall have the right to enter on private property in order to prepare such plan.
(3) Any person who shall obstruct or attempt to obstruct this work shall be guilty of an offence and shall be liable on conviction to a fine of VT100,000 or to imprisonment for a term not exceeding 5 years or to both.
NOTIFICATION TO PERSONS INTERESTED
(2) On receipt of the copies of the plans aforesaid the District Commissioner shall give written notice to the persons interested of the intention to acquire the said lands.
(3) Such notice shall either be served personally on the persons interested or left at their usual place of abode or business, and in case any such person shall be absent from Vanuatu such notice shall be left with the occupier of the said lands, or the agent of the persons interested:
Provided that if such person be a corporation, company or firm, such notice shall be left at the principal office in Vanuatu of such corporation, company or firm or shall be served upon some officer or agent of such corporation, company or firm.
(4) Copies shall remain 8 clear days at the offices of the District Commissioner. During this period the persons interested, and any other person who may have an interest, may state their observations to them.
(5) After the expiration of 8 clear days the District Commissioner shall return to the Minister responsible for public works the plan with the record of such observations, at the same time adding his own observations.
ALTERATION OF PLANS
DECLARATION OF ACQUISITION
PART III
ACQUISITION OF REGISTERED IMMOVABLE PROPERTY
DOCUMENTS TO BE SENT TO COURT
PUBLICATION OF COURT ORDER
DECREE TO BE REGISTERED
Provided that nothing that is herein contained shall affect the right of the holder of such rights or charges who has been injured to sue for damages in the Court having jurisdiction.
(2) Notwithstanding the provisions of subsection (1) any holder of a right or charge may without reference to the owner and within the same period of 2 weeks apply to the Director of Land Records for the registration thereof.
PROPERTIES OF MINORS, ETC.
(2) In the cases coming under this section the compensation for expropriation shall invariably be determined by the Court having jurisdiction.
PART IV
THE EXPROPRIATION OF IMMOVABLES NOT SUBJECT TO THE SYSTEM OF
REGISTRATION OR SUBJECT TO THE SYSTEM BUT NOT REGISTERED
PROCEDURE WHERE PROPERTY IS UNREGISTERED
(2) When immovable property that is not subject to the system of registration, is in question, the Court shall have full power to determine the name of the persons or communities which, in the eyes of local custom, have rights in the said immovable property and to guarantee these rights. It shall then declare the expropriation of the buildings or land included in the order made under section 8.
The publication and the registration of the judgment shall be carried out according to the normal rules of the Supreme Court.
(3) When immovable property, subject to the system of registration, but not yet registered is in question, the Court shall cause to be established by the Director of Land Records a statement of the said immovable property. This statement shall include all the particulars of the application for registration with any amendments and objections that may have been declared.
(4) Publication will be made of this statement for a period of 1 year. If however, the original application for registration has been duly published and the period of publication has expired, the period of publication of the statement referred to in subsection (3) shall be reduced to 3 months. If the period of publication of the application for registration has not expired the said period of 3 months shall be added to the period of 1 year.
(5) If the application for registration has not been published the Court after examination of the documents shall grant to the claimant an extension not exceeding 3 months in order to prepare the publication of this application. In such case the publication of the statement referred to in subsection (3) shall commence at the same time as that of the application for registration and shall expire on the same date.
(6) In all cases a decision of the Court shall determine the dates of the publication periods.
CAVEAT
EXPROPRIATION PROCEEDINGS BEFORE COURT
DECREE
RIGHTS OF COMPENSATION
PART V
COMPENSATION FOR EXPROPRIATION
COMMUNICATION OF OFFERS
ACCEPTANCE OF OFFERS
REFUSAL OF OFFERS
ASSESSING COMPENSATION
(2) It shall be the duty of the Commission to assess the value of the immovable property expropriated and to determine the share of the compensation thus established to be allotted to each claimant.
(3) The Commission shall make its decisions by majority vote. In case of an equal number of votes the decision of the chairman shall prevail.
PART VI
PROCEDURE TO BE FOLLOWED BY THE ASSESSMENT COMMISSION
HEARING EVIDENCE
PROCEDURE AT HEARINGS
RULES FOR FIXING COMPENSATION
(a) The Commission shall be judge of the genuineness of all documents and of the effect of all deeds.
(b) Separate amounts of compensation shall be allotted to parties who claim on different titles.
(c) The compensation shall consist of a sum of money.
(d) The compensation shall cover the entire damage caused provided the latter is real and certain.
(e) Buildings, plantations, improvements and transactions of a speculative character shall not give rise to any additional compensation if, by reason of the time when they were made or other circumstances which it has full power to decide, the Commission is convinced that they were made in order to obtain higher compensation.
(f) If the Minister responsible for public works considers that the proposed works will increase the value of the rest of the property by more than 15 per cent, this additional value shall be calculated by the Commission and, if necessary, deducted from the amount of compensation.
(g) The compensation shall in no case be less than the amount offered by the Minister responsible for public works, nor greater than the amount claimed by the parties.
EXECUTION OF DECISION
APPEAL
26. The decisions of the Commission shall be subject to appeal before the Supreme Court.
PART VII
OTHER PROVISIONS
DEPOSIT OF COMPENSATION
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