COMPULSORY LAND ACQUISITIONThe Registration of Titles Act Cap 230 governs land acquisition and leasing of registered land. The selleror lessor of land must be in possession of a certificate of title. A certificate of title in the names of a partyis conclusive proof of ownership of the land in question as provided for under the RTA. However, theLand Acquisition Act Cap. 226 governs the compulsory acquisition of land for public purposes in additionto the Constitution of Uganda and the Land Act. Before going into the procedure through whichgovernment can acquire land, there is need to discuss the reasons as to why Government cancompulsorily acquire private land. Government can acquire your land for the following purposes:

• For public use for example to settle internally displaced people• In the interest of defense e.g. if the land is strategic and the army needs to use it to protect the

country.• Public safety for example if there is toxic waste, or landslides in the case of mountainous areas,

or a serious earthquake envisaged.• Public order – If the place is being used for assembling riotous crowds, thieves, etc• Public morality – if the place was being used for immoral acts• Public health – if there is an outbreak of a serious disease e.g. the tsetse fly.

It should be noted that, before Government can acquire your land, it must compensate you withoutdelay, fairly and adequately (Article 26 of the Constitution and Section 42 of the Land Act). The Procedure 1. The Minister responsible for lands authorizes any person to find out the suitability of land for thepurpose it is being acquired. This includes surveying the land, digging or boring the land for samples, etc.If damage occurs on the land, Government compensates the land owner for the damage (Section 2 ofthe Land Acquisition Act). 2. The Minister then makes a declaration by statutory Instrument (by law) that the land is suitable anda copy of the declaration given to the owner of the land (Section 3 of the Land Acquisition Act). 3. The Assessment officer (this is a public officer appointed by the Minister) orders the marking,measuring of the land and a plan of the land to be made (Section 4 of the Land Acquisition Act). 4. A notice of not less than 15 days is given inviting all people having interest in the land to theassessment officer on a day, time and place specified in order to determine the nature of their claims,the amount of compensation to be paid and any objections they may have to the plan for the land use(Section 5 of the Land Acquisition Act). 5. The Assessment officer on the day specified hears the claims and makes an award specifying thetrue area of the land and the compensation which should be paid to each person having an interest inthe land (Section 6(1) of the Land Acquisition Act). 6. Compensation is paid basing on the current market price of the land in the area prepared annuallyby the District Land Board. (Section 59(1) (e)&(f) of the Uganda Land Act). 7. Any person aggrieved by the award of the Assessment officer may appeal to the District LandTribunal or the High court if the Value of the land exceeds 50,000,000/= (Section 76 1(b) &(c) of the LandAct) 8. The Uganda Land Commission then pays compensation for the value of the land if no appeal is madeto the Courts of law (Section 6(4)(b) of the Land Acquisition Act). 9. It is only after all people having interest in the land have been fully and adequately compensatedthat Government then takes possession of the land and the land is then managed by the Uganda LandCommission (Section 7 of the Land Acquisition Act, Article 26(2)(b)(i) of the Constitution).