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[F.A.Q.]
Vanuatu Consolidated Legislation |
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
1. Expropriation of immovable property for the purposes of public utility shall be effected by order of the Supreme Court.
PROCEDURE
2. The Supreme Court may only make an order of expropriation when the procedure laid down by this Act has been complied with.
TAKING
POSSESSION
3. Before possession may be taken of immovable property which has been expropriated, fair compensation shall be paid:
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
4. Expropriation may be ordered only after the Minister responsible for public works has by Order made regulations-
(a) declaring the transaction to be of public utility;
(b) authorising such works; and
(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
5. (1) The Public Works Department assisted by the Survey Department shall prepare a plan showing the different areas affected by the works and the parts to be acquired.
(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
6. (1) Copies of the plan with all relevant documents shall be forwarded without delay to the District Commissioner in whose district is situated the properties to be acquired together with the names of all persons having a reasonable claim to rights in the said properties (such persons shall hereafter be referred to as "the 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
7. If after considering these observations the Minister responsible for public works decides to alter the design of the works, a new plan shall be prepared and forwarded to the District Commissioner, and the procedure laid down in section 6 shall again be followed.
DECLARATION
OF ACQUISITION
8. If the original plan of the works or the plan as modified by virtue of section 7 is adopted, the Minister responsible for public works by Order shall declare that the areas defined by the plan shall be acquired.
PART
III
ACQUISITION
OF REGISTERED IMMOVABLE PROPERTY
DOCUMENTS
TO BE SENT TO COURT
9. All documents showing that the formalities laid down in Parts I and II of this Act have been complied with, together with an extract from the land title relating to the parcel of land to be expropriated, certified correct by the Director of Land Records, shall be forwarded by the Attorney General to the Supreme Court and that Court shall order the expropriation of the immovable property included in the order made under section 8 of this Act.
PUBLICATION
OF COURT ORDER
10. The publication and registration of the order shall be made when the judgment has been pronounced by the Supreme Court according to the normal rules of that Court.
DECREE
TO BE REGISTERED
11. (1) Within 2 weeks of the registration of the order aforesaid the owners shall be bound to effect registration of any rights or charges burdening the property which have come into existence after the initial registration of the property and have not yet been registered. Such rights or charges shall have priority in the order of the time of their creation. Any right or charge not disclosed during this period shall be taken to be finally extinguished and shall not in any circumstances give rise to the payment of compensation:
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.
12. (1) If properties of minors, persons under judicial disability, absent owners or persons incapable of acting are included in the plans drawn up under sections 5 or 7, the guardian, temporary nominee or other legal representative shall obtain authority to dispose of such property according to the procedure laid down by law. If any property belongs to absentees who are not legally represented authority to transfer will be granted to an administrator ad hoc.
(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
13. (1) The documents showing that the procedure laid down in Parts I and II has been complied with shall be transmitted by the Attorney General to the Supreme Court.
(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
14. Any person who considers his rights infringed by the expropriation proceedings may file a caveat at the Supreme Court Registry.
EXPROPRIATION
PROCEEDINGS BEFORE COURT
15. At the expiration of the period of publication laid down in section 13 the expropriation documents shall automatically be laid before the Court by the Registrar.
DECREE
16. The Supreme Court may in its Order of Expropriation make a declaration on the validity of the rights claimed by the different parties in connection with the property expropriated. Wherever appropriate the procedure laid down in section 12 may be applied.
RIGHTS
OF COMPENSATION
17. The Order of Expropriation shall have the effect of extinguishing ownership with respect of the real or apparent owner as determined by the Court under section 16. All real rights other than the rights of ownership disclosed during the publication period and admitted by the Court shall be cancelled and transformed into a personal right to compensation. The expropriation judgment shall determine the order in which the holders of rights and charges shall be classified in allotting compensation for the expropriation.
PART
V
COMPENSATION
FOR EXPROPRIATION
COMMUNICATION
OF OFFERS
18. The Minister responsible for public works shall communicate to the owners, and to all persons claiming in accordance with section 11 or designated by the Order of Expropriation, the sums which they offer as compensation for acquisition and if appropriate those sums which they intend to counterclaim if the proposed works will increase the value of the rest of the property by more than 15 per cent. These offers shall be communicated to the holders of rights or charges by the District Commissioners of their districts in the manner and period laid down in sections 6(4) and 6(5).
ACCEPTANCE
OF OFFERS
19. The owners and other claimants shall state their acceptance or disclose their claims. If they accept the offer of the Minister responsible for public works the property shall be transferred at the price thus agreed.
REFUSAL
OF OFFERS
20. If the offers of the Minister responsible for public works are not accepted within the prescribed period by any claimants, such claimants shall be summoned to appear before the Assessment Commission.
ASSESSING
COMPENSATION
21. (1) The Assessment Commission shall be composed of the Director of the Land Records Department as chairman, the Treasurer, the Director of the Public Works Department and two persons appointed by the Minister responsible for public works who may be selected from outside the areas where the expropriated properties are situated, as members.
(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
22. Besides the claimants of which it is notified by the Minister responsible for public works, the Assessment Commission may summon and hear any person able to give information on the value of the immovable property expropriated, engage in any enquiry, appoint experts, and in general take all measures necessary for its full information.
PROCEDURE
AT HEARINGS
23. The hearings shall be under the direction of the chairman of the Commission who shall rule on all questions arising, and fix the dates and places of the meetings. One of the members of the Commission shall draw up a record of the proceedings and of the final decision of the Commission.
RULES
FOR FIXING COMPENSATION
24. In determining the compensation for expropriation the Commission shall follow the following rules-
(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
25. The decision of the Commission shall be signed by all its members. The chairman shall order its execution and shall declare the Government to be legally in possession of the expropriated property subject to payment or deposit by the Government of the amount of the compensation.
APPEAL
26. The
decisions of the Commission shall be subject to appeal before the Supreme
Court.
PART
VII
OTHER
PROVISIONS
DEPOSIT
OF COMPENSATION
27. If in the course of the registration procedure it is shown that a registered property has undergone changes in its composition which have not been registered at the Land Records Office, and if the new owners given notice under section 11 cannot effect the registration within the period allowed by the said section, and if the reasons for this failure are held to be valid by the court having jurisdiction, the Supreme Court shall fix the total amount of the compensation and shall order it be deposited in the Treasury until the various claimants can effect the registration of their titles at the Land Records Office.
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