DETERMINATION OF CERTAIN INTERESTS IN LAND LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

DETERMINATION OF CERTAIN INTERESTS IN LANDS LAW

ARRANGEMENT OF SECTIONS

1.       Interpretation

2.       Power of Governor to determine certain leases, etc.

3.       Register of State Lands affected

4.       Power to take possession

5.       Compensation

6.       Compensation payable

7.       Computation of Compensation

8.       Advance payments of Rents

9.       Special Committee for Claims on affected Government Lands

10.     Investigation of Claims

11.     Limitation of claims

12.     Powers of the Police

13.     Offences and Penalties, etc.

14.     Law to apply to notices, etc., published before date of making of Law

15.     Citation and Commencement

SCHEDULE

A LAW TO PROVIDE FOR THE DETERMINATION OF CERTAIN INTERESTS IN LAND IN LAGOS STATE AND FOR PURPOSES

No.31

[Commencement]                                                                                                           [12th September, 1975]

1.      Interpretation

In this Law unless the context otherwise requires –

          “building” includes any structure on land;

“the Gazette” means the Lagos State Official Gazette;

“Government” means the Government of the Lagos State of Nigeria;

“State land” means State land within the meaning of the state lands Law and’ for the purposes of this Law includes any land vested in the Lagos State Development and Property Corporation.

2.      Power of Governor to determine certain leases, etc.

(1)     If the Governor is satisfied that there has been any impropriety in the acquisition of any interest whatsoever in any state land by any person or that it is otherwise in the public interest the Governor may determine the interest 1n state land of any such person by order published in the Gazette

(2)     A State land in respect of which any interest is determined pursuant to subsection (1) of this Section will     without further assurance be re-vested in the Governor;

(3)     An order made pursuant to this Law may be given retrospective effect, subject to the condition that it shall not have retrospective effect to a date earlier than the date of commencement of this Law

(4)     For the avoidance of doubt, it is hereby declared that any State land affected by this Law and re-vested in the Governor or the Lagos State Development and Property Corporation in accordance with subsection (2) of this section may be re-allocated or otherwise dealt with pursuant to the provisions of the State Lands Law or any other applicable law.

                                                                             [Cap. S11]

3.      Register of State Lands affected

The Registrar of Titles or any other person in charge of registration of land, instruments or deeds affecting land, must, on presentation to the Registrar of Titles or such other person in charge of registration of land of any order made under Section 1(1) of this Law, expunge from the relevant register the name of any person in whose name any interest is registered in respect of land affected by this Law, and replace it with the Governor.

4.      Power to take possession

A person in possession of any State land affected by this Law must yield up possession of such land on the coming into force of the relevant order or within such period as the Governor may either generally or in relation to any particular case direct.

5.      Compensation

The Governor must where applicable pay compensation to any person whose interest in any state land is determined by virtue of this Law.

6.      Compensation payable

Compensation payable for any interest determined under this Law will be assessed and computed in accordance with the provisions of this Law.

7.      Computation of Compensation

In computing compensation payable under this Law, account must be taken of any building on the affected state land and compensation payable will be, as respects –

(a)     developed land –

(i)      for an amount equal to the sum total of all deed fees and ground rents paid in respect of the lease up to the date of the determination of the lease; and            

(ii)     for the amount of the actual cost of construction of the building in accordance with an approved plan.

(b)     undeveloped land-for the sum total of all deed fees and or ground rents paid in respect of the lease up to the date of the determination of the lease plus reasonable expenditure incurred in respect of architect’s fees, surveyor’s fees and fees in respect of development approvals or permits granted by the appropriate planning authorities.

8.      Advance payments of Rents

(1)     In the case of developed land affected by this Law and which has been sublet, any advance rents received beyond the date of determination of the interest must be deducted from any compensation due to such lessee as assessed under Section 7a of this Law.

(2)     where any advance rents exceed the compensation clue under Section 7a of this Law, no person shall be required to pay any difference between the advance rents and such compensation.

9.      Special Committee for Claims on affected Government Lands

(1)     The Lands Services Directorate of Lands Bureau (referred to in this Law as “the Bureau”) investigate claims and determine compensation payable in accordance with the provisions of this Law.

(2)     A person who claims any right or interest in any land affected by this Law shall submit in writing particulars of his claims to the Bureau within such period as may be specified in the order mentioned in Section 1 of this Law.

(3)     The notice of any claim must contain the particulars specified in the Schedule to this Law.

10.    Investigation of Claims

If after investigating any claim submitted, the Bureau is satisfied that the claimant has any right or interest in such land, the Bureau shall recommend to the Governor the amount of compensation payable to the claimant and the Governor may thereafter issue such directives as to the compensation payable (if any) as the Governor may determine in the circumstances.

11.    Limitation of claims

A claim for compensation under this Law will not be entertained by the Bureau unless a written notice of the claim in accordance with the provisions of this Law is served on the Bureau within the period specified in the aforementioned order or such longer period as the Governor may, either generally or in relation to any particular claim or class of claims allow, beginning with the date on which the relevant order is published in the Gazette.

12.    Powers of the Police

A police officer authorised in writing by the Governor or any person or authority designated by him, may enter, with such number of other police officers or other persons as may be deemed necessary in any appropriate case, any State land affected by this Law or any building on it and take possession of it.

13.    Offences and Penalties, etc.

(1)     A person who in any notice served on the committee pursuant to this Law knowingly or recklessly makes any statement or submits any document which is false in a material particular, commits an offence under this Law and liable on summary conviction to a fine of Three Hundred and Sixty Naira (N360.000.00) or to imprisonment for two (2) years or both.

(2)     a person who conceals or is connected in any manner whatsoever with the concealment of the keys to a building affected by this Law or otherwise hinders or obstructs any police officer or any other person duly authorised by the Governor from entering upon or taking possession of or using any land to which the provisions of this Law apply commits an offence under this Law and is liable on summary conviction to a fine of Three Hundred and Sixty Thousand Naira (N360,000.00) and in addition, to a penalty of Thirty Six Thousand Naira (N36,000.00) for each day during the continuance of such hindrance or obstruction or to imprisonment for two (2) years or to such fine, penalty and imprisonment.   

(3)     where an offence under this Law is committed by a body of persons, then in the case of –

(a)     a body corporate, every director or officer of that body will be guilty of the offence; and

(b)     partnership or other association, every partner or officer of that body will be guilty of the offence.

14.    Law to apply to notices, etc., published before date of making of Law

Notwithstanding the provisions of Section 1 of this Law, any order, notice or other instrument –

(a)     made and published by the Governor or at the direction of the Governor at any time between the commencement date and the date of the making of this law; and

(b)     setting out interest in state lands which have been forfeited or determined by the Governor, must have the same effect as an order made under Section 1 of this Law and the provisions of this Law must apply in respect of the order, notice or other instrument to the same extent as they apply in respect of any order made by the Governor under Section 1 of this Law.

[Cap. S11]

15.    Citation and Commencement

This Law will be cited as the Determination of Certain interests in Lands and shall come into force on the 12th day of September, 1975.

SCHEDULE

[Section 8(2)]

PARTICULARS TO BE SUBMITTED BY CLAIMANTS

1.      In respect of developed Land

Photocopies of –

(i)      contract agreements with any contractor or contractors in respect of any buildings on the land;

(ii)     receipts from tram architects, quantify surveyors, structural engineers, estate agents and other payments made in respect of the development of the land;

(iii)    deeds of lease or sublease affecting the land (if any);

(iv)    agreements made with any bank or other financial institution in respect of the development of any land affected by this Law.

2.      In respect of undeveloped land

Photocopies of receipts from architects, quantity surveyors, structural engineers, estate agents and of receipts relating to plan approval fees and any other payments made towards the development of the land.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

PAGE

1.       Determination of Interest in State Lands Order (No.1)………………………………………………………………………….…….D3-8

2.       Determination of Interest in State Lands Order (No.2)………………………………………………………………………….…….D3-12

3.       Determination of Interest in State Lands Order (No.3)………………………………………………………………………………..D3-20

DETERMINATION OF CERTAIN INTERESTS IN LANDS LAW

DETERMINATION OF INTERESTS IN STATE LANDS (NO.1)

ORDER

[L.S.L.N. 9 of 1976]

Under Section 1

[Commencement]                                       [12th September 1975]

1.      Determination of interests in State Lands

The interests in State lands specified in the Schedule hereto are hereby determined.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA