If a road is coming through your land
What happens at each stage, what you are entitled to, and how to protect your household. Drawn from Compulsory Land Acquisition for Road Infrastructure Projects in Uganda.
What the law says
Government may acquire land for public use, such as a road. The Constitution requires that owners receive prompt, fair and adequate compensation before government takes possession of the land.
Compensation covers land, buildings, crops and trees. Everyone with a verifiable interest in the land, not only the title holder, counts as a project affected person.
- Compensation before possessionArticle 26 of the 1995 Constitution
- 15% disturbance allowanceAdded to compensation, or 30% if you get less than six months' notice to leave (Land Act, section 77)
- Extra support for vulnerable householdsHelp to buy or build replacement housing and to restore livelihoods
- A way to raise concernsAn elected grievance committee in your community, and the right to appeal to the High Court
What happens, and when
The order of a typical road project's land acquisition, and what each stage means for your household.
Community meetings
Before any survey, the project team meets the community with local leaders to explain the project and its timeline. A grievance management committee is elected from among affected people to receive and pass on complaints.
Attend, ask questions, and know who sits on your committee.Survey and asset inventory
Surveyors mark the corridor and record every affected plot, building, crop and tree, with your LC1 chairperson as witness. You sign the assessment form; the original copy is yours.
Be present, check every item, and keep your copy safe.The strip map is displayed
A map of all affected plots, with owners and boundaries, is put up in a public place so families can check it and correct mistakes.
Find your plot. Report errors now, through the committee.The corridor is gazetted
Government publishes its intention to acquire the land. This sets a cut-off date: new buildings, crops or occupants after it are not eligible for compensation.
Don't build or plant new things in the corridor after this.Valuation and approval
Valuers assess each property using approved district rates and replacement costs, with a joint inspection in the presence of the owner. The valuation is approved by the Chief Government Valuer.
Disclosure
Your compensation is explained to your household item by item. You confirm your identity and ownership, agree how you will be paid, and confirm when you will hand over the land.
Bring your documents and a witness, such as your spouse.Payment
Payment is made once your file is complete. Larger amounts go to a bank account, and couples can choose a joint account. Lists of paid households are displayed in the community.
Handing over the land
After payment, you vacate within the agreed time. Reminders start about two weeks before the deadline. Where only part of your land is taken, your title for the remaining land is returned to you.
Documents to prepare
Missing documents are one of the most common reasons payments are delayed. Start gathering these as soon as you hear about the project.
- National ID for each owner
- Land title, or a sale agreement for unregistered land
- Letters of administration, if the owner has died
- Power of attorney, if someone is acting for the owner
- Consent from the landlord, for tenants and kibanja holders
- Bank account details, or a plan to open one
Raising a concern
If you believe something is wrong, such as a missing asset, a wrong boundary or a valuation you disagree with, register it with your grievance committee. Complaints are reviewed and corrected where they are found to have merit.
If the matter is not resolved, the law allows you to appeal to the High Court. Damage caused later by construction works can also be reported and assessed.
Make compensation last
Compensation is meant to replace what you lost. Put it toward replacement land and housing first, then a source of income, and only then other spending.
Be careful about starting a new business without experience, especially where many people already sell the same goods. Attend the financial literacy training offered by the project.
The full process is in the book
This guide is general information drawn from the book, not legal advice. For your own case, speak to your grievance committee or a lawyer.