The land use act and the state of nigerian land law. Advantages and disadvantages of land use decree in nigeria. In this paper, the phrase land use act is used interchangeably with the act. The land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist economic structures. Part ii of this document contains the principles of land tenure including the exclusive right of occupiers whereas part iii contains the principles to be observed in fixing and revising rents.
Nigeria s land use act, promulgated in 1978, is perhaps the most controversial legislation in the country. The land use act and land ownership debate in nigeria. Abstract it is debatable that the nigerian land use act of 1978 has not. Ekpu, the role of the local government in the implementation of the.
An act to make provision for licences to be granted for the establishment and maintenance of pipelines incidental and supplementary to oilfields and oil mining and for purposes ancillary to such pipelines. The land is held in trust and administered through the governments authority to the use and benefit of all. The land use act of 1978 is made up of eight parts of fiftyone sections. Land use act is a problem the guardian nigeria news.
Apr 18, 2017 the land use act in nigeria is one of the important laws you need to understand either as a land owner or land owner to be. Land use act chapter l5 laws of the federation of nigeria 2004 arrangement of sections part i general. Right of occupancy is completely different from ownership of land known under both customary and common laws which exists before the promulgation of the land use act. Communal land acquisition and valuation for compensation in nigeria sule, abass iyanda department of estate management, federal university of technology minna, nigeria abstract it is debatable that the nigerian land use act of 1978 has not absolutely transferred ownership of land to the governor of states in nigeria. Jul 28, 2009 the land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist economic structures established in nigeria since colonial times. Pdf the goal of this paper was to conduct a critical evaluation of the nigerian land use act 1978 in relations to land ownership rights and.
Jun 23, 2015 the land use act of 2004 is made up of eight parts of fiftyone sections. Nigeria and can be found in the land tenure law northern nigeria,3 the. Article pdf available january 2007 with 3,105 reads. The land use act is the greatest disservice that the obj administration bestowed to nigeria in 1978. Chapter 338 laws of the federation of nigeria 1990. The basic legal framework for the acquisition of land in nigeria is the land use act, laws of the federation of nigeria 1990. Land use decree, forest administration and governance crises. Section 33 and 34 guarantee right to land and human dignity and it is said to. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state and to organisations for residential. The critical analysis of the land use act of 1978 helped to clarify to what extent it improved the land administration in nigeria. The indigenous land tenure and nationalization of land in nigeria. The land use act introduced the right of occupancy system in nigeria. The right includes the rights of occupation and development, alienation and many privileges associated with land.
This act seeks to regulate the business of equipment leasing in nigeria so that the relationship between the lessor and the lessee and other third parties is identified and protected. Right of occupancy is a right to use and occupy land in accordance with the provisions of the land use act. Findings from this study will educate the general public, government, students on the state of housing development in nigeria and also enlighten them on land use act. Alienations under the land use act and express declarations of. Nigeria is a heterogeneous society, ethnically, socially, and in the peoples relation to the land.
An evaluation of the efficiency of the land use act 1978. Agbosu introduction the land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist economic structures established in nigeria since colonial times. Land use act chapter 202 laws of the federation of nigeria 1990 an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in. The importance, how to, effect causes relationship, comparison, history, role, solutions are discussed. The situation precedent to the land use act of 1978 at the beginning of the 20th century when britain made a colony and protectorate of nigeria, there was a multiplicity of land tenure systems in the country. Land use act in nigeria explained propertypro insider. The paper argues that land ownership structure in nigeria has evolved over the years until 1978 when a single land policy document, otherwise known as the land use act of 1978 was established to. Two key legislations have been enacted since independence. But what annoys me even more is the fact that our current set of lawmakers since 1999 have not found it expedient to expunge such ridiculous act. Ownership and use of land in nigeria chapter one introduction meaning of land at common law generally, there are various definitions by different scholars as regards the meaning of land at common law. The land use act of 2004 is made up of eight parts of fiftyone sections.
Impact of land use act on property development in nigeria. The true implication of a uniform rights of occupancy system for the indigenous land tenure system has not been fully articulated by lawyers, grasped by the courts, or appreciated by laymen. By the 1970s these contradictions became so serious that they threatened to become a clog on the growth of the capitalist economy. The latter is to enable property owners and affected occupiers take the option of enjoying the discounts available for the prompt and early payment of luc invoices. The lsg also extended the period for the payment of all annual land use charge luc demand notices for 2018, to saturday, april 14 th, 2018.
A land use charge, which is payable annually, is described by the lucl to be a consolidation of all property and land based rates and charges imposed on. The land use act, enacted in 1978, was meant to standardise land administration systems across the country. The land act 1999 arrangement of sections section title part i preliminary i. They knew about the importance of land use planning. However, section 1 of the land use act entrusts in the governor of each state, the administration of land for the use and the common. Act as one of the existing laws that has been given effect by section 315 1. Prior to the land use decree of 1978, the nigerian land tenure system had become the object of intense attack and defence by vested interests promoting their views on changes in the tenure system which would best increase food and fibre production. The main aim of this study is to examine the impact of land use act of 1978 on property development in nigeria with particular reference to ilorin, kwara state. This law vests all land compromised in the territory of each state solely in the governor of the state who holds the land in trust for the people and is responsible for allocation of land in all urban areas to individuals residing in the state for residential, agriculture and commercial purposes. Agbosu introduction the land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist.
The nigerian constriction, for one, makes provision for environmental protection and management in sections 12, 20, 33 and 34. It addresses four important issues arising from the former land tenure systems in nigeria. An evaluation of the efficiency of the land use act 1978 of the federal republic of nigeria and its implications in minna and environs fig working week 2012 knowing to manage the territory, protect the environment, evaluate the cultural heritage rome italy, 610 may 2012 1. A land use charge, which is payable annually, is described by the lucl to be a consolidation of all property and land based rates and charges imposed on all nonexempted real properties located in lagos state. Land reform commission which, it is hoped, will soon take over from the committee. Land reforms and the future of land use act in nigeria introduction human society the world over is heavily dependent on land and its resources. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state and to organisations for residential, agriculture, commercial and other purposes while similar powers will with respect to. Special focus land use in nigeria prior to the land use decree of 1978, the nigerian land tenure system had become the object of intense attack and defence by vested interests promoting their views on changes in the tenure system which would best increase food and fibre production. Although the land use act of 1978 was meant to usher in a new land reform in nigeria, it soon became a clog in the wheel of development over the years. Although the act has its merits, quite a number of environment stakeholders have described it as the greatest clog in the wheel of housing development in the country. It is not an overstatement to say that without land there would be no human existence. Prior to the enactment of the land use act, it had frequently been stated that private individuals and the government increasingly faced difficulties in acquiring land for development. The law regulating use and management of land in nigeria was changed to the land use act in 1978 1 consequent upon which the right of occupancy became the only.
Findings from this study will educate the general public, government, students on the state of housing development in nigeria and also enlighten them on land use act and its impact on sustainable housing development in nigeria. Call, criticism of land use act 1978, definition of land use act, implications of land use act, implications of land use decree of 1978, implications of the land use act of 1978, land management, land use act, land use act 2004 nigeria pdf. That in spite of the incursion of the act in the land tenure system of nigeria, customary law still dominates and. Land use act has no significant effect on sustainable housing development in nigeria. Pdf land use act chapter l5 laws of the federation of. This act vests all land comprised in the territory of each state except land vested in the federal government or its agencies solely. Subsequent developments on land management in nigeria led to the modification of the northern nigeria land tenure law of 1962, into the land use act of 1978. So, in using the expression land use act, it is usually concerned with the legislation that provides the right to use of land in both urban and rural areas of nigeria. The act further seeks to establish a regulation authority so as to provide for the registration of all equipment leases and the certification of equipment lessors. Land tenure law of northern nigeria of 1962 and land use act of 1978. Aims and objectives of the study the main purpose of this research work is aimed at analyzing the effects of land use act of 1978. The land use act and the state of nigerian land law journal. The indigenous land tenure and nationalization of land in. A little over a decade has passed since the nigerian land use act of 1978 nationalized land and introduced a uniform rights of occupancy system in nigeria.
Exclusion of the application of the public land acquisition miscellaneous provisions act 1976. Get free research paper on the effect of land use act on sustainable housing development in delta state our project topics and materials are suitable for students in nigeria with case studies in pdf, doc. Activities of land grabbers, scam agents and the number of professionals required are some of the biggest challenges in legitimately and successfully acquiring a land in nigeria. The president olusegun obasanjo is the main person who is responsible for the implementing the act into the body of the constitution of the federal republic of nigeria. Fundamental principles of national land policy part iii classification and tenure of land 4.
Debt due to government not extinguished by revocation. Communal land acquisition and valuation for compensation in. The land tenure law of northern nigeria of 1962 stipulated that the minister responsible for land matter controls, holds and allocates land unoccupied or occupied native lands to natives of northern nigeria. An evaluation of the efficiency of the land use act 1978 of. This law also creates the authorities such as the land use and allocation committee and the land allocation advisory committee to efficiently control and manage land in nigeria. The land use act and the state of nigerian land law journal of. The authorities adopt land use preparation to regulate the improvement of land inside their jurisdictions. The act, originally promulgated as a decree and annexed to the countrys constitution, was ostensibly made to nationalize landholding in the country. The land use act remains one of the most contentious legislations in nigeria today.
Nov 01, 2017 for the purpose of this study project the objectives of the land use act of 1978 will be critically considered, the impact of the land use act on property development in ilorin, kwara state will be examined. Land use act chapter 202 laws of the federation of nigeria 1990 an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. An important enactment that changes the land tenure system in nigeria is the land use act of 1978, which to a certain extent remedies the disparities in relation to land between the land owner and the tenant. Land use act has significant effect on sustainable housing development in nigeria. Laws of the federation of nigeria 1990 an act to vest all land compromised in the territory of each state except land vested in the federal. The land use act in nigeria is one of the important laws you need to understand either as a landowner or landowner to be. James nigerian land use act, policy and principles unife press 1987 p. Goals of land use planning may include environmental conservation, restraint of urban sprawl, minimization of transport costs, prevention of land use conflicts, and a reduction in exposure to pollutants. As a result, the land use panel of 1977 became the basis of the 1978 nigeria land use act. In order to achieve this aim, the following objectives have been pursued.
An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the. Policies and laws land use decree act 197818 this act vests all land in the state through the office of the military governor of each state. It was provided during the military regime in nigeria. Communal land acquisition and valuation for compensation. What the act grants an holder of land be it an urban or nonurban land in nigeria is just a mere right to use the land for a predetermined periodterm 99years after which such land will automatically revert back to the governor at its effluxion except such holder of land.
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