Amendments to acquisition law protect rights of Guyanese people – AG Nandlall

The government has tabled amendments to the Acquisition of Lands for Public Purposes Act, a piece of legislation that authorises the state to compulsorily acquire private property for public developmental purposes.

Contrary to claims circulating in the public domain by certain political actors, these amendments do not aim to disenfranchise Guyanese. Rather, they are aimed at protecting citizens’ rights, while allowing for development projects to be advanced in a smoother and more streamlined process.

This was underscored by the Attorney General and Minister of Legal Affairs, Anil Nandlall, SC during an interview on NCN’s ‘Parliamentary Agenda’ programme on Monday evening.

The AG pointed out that the legislation has colonial roots, having first been enacted in England in 1914. Hence, it became part of Guyana’s laws when the country gained independence in 1966.

The law is based on the principle that the state maintains an ‘eminent domain’ over all lands within its territory.

This means that though titles dictating ownership may be issued to persons within the state, the government can seize private property for public use – such as roads, schools, and hospitals – and provide compensation to the property owner.

“It is a necessary power for developments to take place in any country, and countries all over the world have ensured that within the repertoire of every independent state is this power,” AG Nandlall said.

The attorney general added, “Governments exist to do things for the public good, and if a particular project has been identified for the public good, the principle is that the interest of one or a few must bend and bow to the glory of the public good.”

AG Nandlall explained that the law is very strict in this regard.

“You have to state what is the public purpose, and then you have to ensure that the land is used for that public purpose and not for another use,” he said.

The bill proposes amendments to Section 7 of the Act to mandate prompt payment, where the state has an obligation to pay. It also imposes the word “adequate” to define the compensation afforded to citizens.

Essentially, according to the bill’s explanatory memorandum, the amendments to this section seek to guarantee the State’s right to vacant possession of the land that is compulsorily acquired. AG Nandlall made it clear that this aligns with the rights outlined in the constitution.

Article 142 of Guyana’s constitution asserts that no property can be compulsorily possessed or acquired, except with the consent of the owner of the property or under a law that satisfies certain conditions.

“The Constitution itself permits the state to take property by compulsory acquisition but must do so under a written law that authorises prompt and adequate compensation. This law is the law that the Constitution is talking about. We have not added any additional power to this law that is 100 years old. No additional power is given to the state by this amendment. None,” the minister emphasised.

Further, the amendments clarify the issue of ‘ownership’ and ‘possession’ when it comes to the state acquiring these lands for public use.

“All we are doing now, in addition to adding “prompt” and “adequate”, is saying that the title must rest in the state’s name, and the state must get vacant possession at the same time. That was unclear, [or] at least the judges of our courts feel so. We are clarifying it now. When the state owns it, the state must possess it,” he stressed.

The bill also attaches a new section to allow for an advance cash payment to an interested and authorised person. This will only be paid after the State acquires the land, and where there is satisfactory proof of title.

The advance payment shall not exceed 80 per cent of the total compensation amount.

This process has been conducted for several key projects, according to the AG.

“We did compulsory acquisition for the Berbice Bridge. We did compulsory acquisition for the Hope Canal. We did compulsory acquisition for the Schoonard to Crane Highway,” he said.

The bill is expected to be debated in the National Assembly on Wednesday.