CHAPTER 118
LAND ACQUISITION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
COMPULSORY ACQUISITION

(a) President may acquire lands

   3.   Power of President to acquire lands.

   4.   Definition of public purpose.

   5.   Preliminary investment.

   6.   Notice of intention to take lands.

   7.   Notice of intention to yield possession and power to take possession.

   8.   Service and publication of notice.

   9.   Party not to be compelled to sell or convey part of a house.

   10.   Owners of inter-related lands may insist on same being taken.

(b) Compensation

   11.   Government to pay compensation.

   12.   Restriction on compensation.

   13.   Disputes as to compensation.

   14.   Assessment of compensation.

   15.   Interest.

   16.   Effect of decision of court and postponement of payment of compensation.

   17.   Parties in possession as owner to be deemed entitled to lands.

   18.   Payment to operate as discharge.

(c) Miscellaneous

   19.   When the President may withdraw from the acquisition of land.

   20.   Costs and execution in proceedings in which Government is party.

   21.   Proceedings where possession of lands withheld.

   22.   Penalty for obstruction.

   23.   Effect of service of notice.

   24.   Saving for acquisition by agreement or under any law.

   25.   Transfer to the President.

   26.   Persons entitled to transfer.

   27.   Form of transfer.

   28.   Certificate of title where no deed available.

   29.   Effect of transfer.

   30.   Conditions to be imposed upon a corporation for which land may be acquired.

   31.   Publication of conditions imposed upon corporation.

   32.   Compensation to be under this Act regardless of any law.

PART III
REDEVELOPMENT AREAS

   33.   Interpretation of Part III.

   34.   Declaration of redevelopment areas.

   35.   Extinction of private rights.

   36.   Re-grant of land on right of occupancy.

   37.   Preservation of trusts, incumbrances, etc.

   38.   Exemption from fees and stamp duty.

PART IV
MISCELLANEOUS PROVISIONS

   39.   [Repeal of R.L. Cap. 118.]

   40.   Saving and transitional provisions.

   41.   Regulations.

CHAPTER 118
THE LAND ACQUISITION ACT

An Act to provide for the compulsory acquisition of lands for public purposes and in connection with housing schemes.

[23rd March, 1968]
[G.N. No. 12 of 1968]

Acts Nos.
47 of 1967
25 of 1968
2 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Land Acquisition Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "corporation" means any body corporate incorporated or established by or under any written law and includes a company which, though not incorporated in Tanzania, has complied with the provisions of section 321 of the Companies Act *;

   "Court" means the High Court (Land Division);

   "land" means any parcel of land held for a Government lease as defined in the Freehold Titles (Conversion) and Government Leases Act * or under a right of occupancy as defined in the Land Act * and any portion of, or any estate or interest in, such land;

   "Minister" means the Minister responsible for lands;

   "minor settlement" means a minor settlement declared as such under the Local Government (District Authorities) Act *, or an area under the jurisdiction of the District Council which immediately prior to the establishment of such District Council was a minor settlement;

   "municipality" means a municipality established under the Local Government (Urban Authorities) Act *;

   "township" means an area within the jurisdiction of a Town Council and an area which, immediately before the establishment of a District Council for any part of Tanzania, was a Township declared under the Township Ordinance *.

PART II
COMPULSORY ACQUISITION (ss 3-32)

(a) President may acquire lands (ss 3-10)

3.   Power of President to acquire lands Act No. 2 of 2002 s. 57">

   The President may, subject to the provisions of this Act, acquire any land for any estate or term where such land is required for any public purpose.

4.   Definition of public purpose

   (1) Land shall be deemed to be required for a public purpose where it is–

   (a)   for exclusive Government use, for general public use, for any Government scheme, for the development of agricultural land or for the provision of sites for industrial, agricultural or commercial development, social services or housing;

   (b)   for or in connection with sanitary improvement of any kind, including reclamations;

   (c)   for or in connection with the laying out of any new city, municipality, township or minor settlement or the extension or improvement of any existing city, municipality, township or minor settlement;

   (d)   for or in connection with the development of any airfield, port or harbour;

   (e)   for or in connection with mining for minerals or oil;

   (f)   for use by any person or group of persons who, in the opinion of the President, should be granted such land for agricultural development.

   (2) Where the President is satisfied that a corporation requires any land for the purposes of construction of any work which in his opinion would be of public utility or in the public interest or in the interest of the national economy, he may, with the approval, to be signified by resolution, of the National Assembly and by order published in the Gazette, declare the purpose for which such land is required to be a public purpose and upon such order being made such purpose shall be deemed to be a public purpose for the purposes of this Act.

5.   Preliminary investment

   (1) If the President considers it desirable that land in any locality should be examined with a view to its possible acquisition for any public purpose, it shall be lawful for any person either generally or specially authorised by the Minister in this behalf, and for his assistants and workmen, to do all or any of the following things–

   (a)   to enter upon and survey and take levels of any land in such locality;

   (b)   to dig or bore under the subsoil;

   (c)   to do all other acts necessary to ascertain whether the land is adapted for such purpose;

   (d)   to clear, set out and mark the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon:

   Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (except with the consent of the occupier thereof) without previously giving such occupier at least three days' notice of his intention to do so.

   (2) As soon as conveniently may be after any entry made under subsection (1), the Government shall pay for all damage done in consequence of the exercise of any of the powers conferred by subsection (1), and, in the case of a dispute as to the amount to be aid, either the Minister or the person claiming compensation may refer such dispute to the Regional Commissioner for the region in which the land is situate and the decision of the Regional Commissioner shall be final.

6.   Notice of intention to take lands

   If the President resolves that any land is required for a public purpose, the Minister shall give notice of intention to acquire the land to the persons interested or claiming to be interested in such land, or to the persons entitled to sell or convey the same, or to such of them as shall, after reasonable inquiry, be known to him.

7.   Notice of intention to yield possession and power to take possession

   (1) The Minister may, by notice under section 6 or intention by any subsequent notice, direct the persons upon whom the notice is required to be served under section 6 to yield possession of such land after the expiration of the period specified in the notice, which period shall not be less than six weeks from the date of the publication of the notice in the Gazette in accordance with subsection (3) of section 8:

   Provided that where the President has certified that the land is urgently required for a public purpose such persons may be required to yield up possession of the land within such lesser period as the President may direct.

   (2) At the expiration of the period specified in subsection (1), the President and all persons authorised by him shall be entitled to enter into and take possession of such land accordingly.

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