Chapter 448

[ CAP. 448. ADMINISTRATION OF LANDS 1 CHAPTER 448 ADMINISTRATION OF LANDS ACT* To provide for the administration of lands. 5th March, 2003 ACT XI of 2002, as amended by Legal Notices 181 and 186 of 2006. 1. Act. The short title of this Act is the Administration of Lands Short title. 2. For the purpose of this Act unless the context otherwise requires the term ''land'' includes all immovable things as well as all real rights over immovables. Interpretation. 3. Subject to the other provisions of this Act, with effect from the coming into force of this Act, all lands belonging to foundations and administrations, administered by the Government s e p a r a t e from the administration of other land belonging to the Government shall vest in the Government and the Government shall deal with and administer the land so vested in it in virtue of this Act in the same m anner as o ther land belonging t o the Government in absolute property and may dispose of such land a c c o r d i n g l y a n d w i t h e ff e c t f r o m s u c h c o m m e n c e m e n t a l l liabilities of or due in connection with such administration shall become liabilities of or due to the Government by virtue of this Act and any payment so d u e t o b e m a d e b y t h e G o v e r n m e n t s h a l l b e a c h a r g e o n t h e Consolidated Fund without further appropriation other than this Act. Vesting of land. 4. Without prejudice to any consolidation of the directum dominium with the utile dominium happening on the vesting of the land as provided in article 3, the provisions of that article shall not affect any emphyteusis or lease granted in respect of such land or any easement to which such land may be subject, and any such emphyteusis or lease shall for all purposes, be deemed to have been granted by the Government and be treated accordingly. Effect on emphyteusis, etc. 5. With effect from the commencement of this Act, any burthen or charge to which any of the land referred in article 3 may, before the commencement of this Act, be subject to, and any other payment or performance that may, before the date aforesaid, be due in respect of any such assets, shall by virtue of this Act, cease to be such a burthen or charge on, or a payment or performance due in respect of any such land and any sum or other thing or act which but for the provisions of this article would have been due to be paid immediately before the commencement of this Act, shall as from s u c h c o m m e n c e m e n t , b e d u e t o b e p a i d o r m a d e b y t h e Government, a nd a ny p ayment so due s hall b e a c h a rg e o n t h e Consolidated Fund without any further appropriation other than this Act. Obligations tied to land vested in Government. *Repealed by Act XVII of 2017. 2 [ CAP. 448. Claims. Amended by: L.N. 181 of 2006; L.N. 186 of 2006. ADMINISTRATION OF LANDS 6. (1)Any person claiming a right of compensation in connection with the vesting of the land referred to in this Act in the Go ve rnm en t sh all h av e a rig ht o f ac ce ss, b y sw or n a pp li ca ti on against t he G overnment, i n the Civil Court, First Hall for t he determination o f his interest in o r right o ver the land a nd t he amount of any compensation to which he may be entitled and for the payment of such compensation. (2) An appeal shall lie to the Court of Appeal from the decision of the Civil Court First Hall. (3) No action under this article may be filed after the lapse of six months after the coming into force of this Act. Cap. 358. (4) All the provisions of the Agreement incorporated in the Ecclesiastical Entities (Properties) Act shall apply with regard to any land which immediately prior to the coming into force of this Act belonged to any foundation or administration in whose regard this A ct a pplies a nd w hich, had it not b een for t he A greement mentioned above, an ecclesiastical entity could claim any right of compensation therefor, and the Joint Of fice a nd t he C o n t r o l Committee established by the said Agreement shall continue to have in respect of the land mentioned in this subarticle the same functions as they have with respect to any other land mentioned in or to which the said Agreement applies.