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What Is D Criteria 4 House Demolition?

I feel the house must be an illegal structure i.e. It must be obstructing movement or built in an unapproved place. What happens when a house is legal,yet the gov wants to demolish it? 4example,my family house in Anambra is about 2b demolished 2make way 4high tension-carrying poles 2b built. Can d government do this without d consent of d house owners? What can i do?

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Well you are lucky since you have the necessary documents according to you.

The reality is that in this instance, there is no way you can stop the FG from acquiring and demolishing the property because the purpose of the acquisition falls within the exceptions accepted by law, i.e. for over-riding public purpose.

The only way you may challenge the acquisition is if perhaps the compensation will not be paid immediately as required by law or if the property is assessed below its current market value.

Aside these exceptions, it is an herculean task to try to stop the FG from the acquisition.

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Weird. Now they ask us to fill forms 2determine the compensation cost. Nawa ooo

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Well,we're talking about a family land here. Its a four bedroom duplex and one storey building. All d necessary documents are with me,and d decision 2pass d wires through was made 4yrs ago.so the house owners are not 2blame cos such plans never existed as at the time the houses were built. Wat i want to knw is if the government could be stopped in any way since i've not broken any law?

N.B. It's a federal government project,not a state one

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@KenGali. I think you have succintly stated the correct position of the law. No govt, Fed/State/Local, can compulsorily acquire the property of the citizen. It is contrary to the 1999 Constitution vide Section 43 (which allows you the fundamental right to aquire property anywhere in Nigeria) and Section 44 which forbids compulsory acquisition of citizens' property. The only exceptions are e.g. when the property is required for over-riding public interest, amongst others. And even at this, there are procedures to be followed in the giving of notices, valuation of the property and payment of compensation first before the property is acquired and demolished.

If what the poster said about the property been demolished for passage of high tension wires is correct, then it comes under the exception recognised by the Constitution as over-riding public interest. The best you can do is to seek compensation, assuming your building is legally permitted in the first instance.

You see, the problem with us in this part of the world is that we like putting the cart before the horse. A man wants to buy a land or property. He does not engage a lawyer to investigate the title and ascertain whether the land is free from all encumbrances. He just buys the land and goes ahead building. Years later, he is informed that the property would have to be demolished because the site was reserved for a canal, market, school, high tension wire, or other public purpose. Without prejudice to the feelings of the poster, it is most likely that the master plan for the right of way of the high tension wires may have existed decades ago, which a search at the Registry may have revealed. But most of us consider that the few thousands of Naira we would pay the lawyer or surveyor to verify title is a waste, relying on claims by omo oniles. Years lon, our building worth millions is threatened and we now run back to the lawyer we ignored initially.

My advise to all: Pls always investigate title to any land before you commit your money into the venture. and endeavour to let a professional (lawyer or surveyor) do this for you. That will save you heartaches in the future.

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Concentrate on liaising with other house owners in your areas with genuine allocation. Get a group lawyer. Get in touch with the government. Its a serious issue, be fast and dont handle with levity. Cheers

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It is only in Nigeria where there is no plan that a house or structure becomes illegal. We know of the shanties and kiosk like structure mostly built by traders or store owners but i don't really think that a well constructure house should be declared illegal. Where was the government when the structure started from foundation up to the final level. It all means that they (the government) have failed in their duties.

For me, get a lawyer and sue them if you have the full approval for your structure and it was also built according to the building plan. If they don't alrightly purchase the property (mind you at the current value), then they don't have any right to demolish except that property has exceeded the 99years of allocation.

For example, my home state Rivers State, the Amaechi-led administration started demolishing structures and it was mainly targeted at persive political enemies. But when the owners of the properties started crying foul to selective demolition, people started filing cases against the Rivers state government of which the government lost many and could not demolish the structures.

There should be compensation if the structure is to be demolished for high tension line to pass through. Also, the property must be purchased at the present rate.

GET A LAWYER and you will see that they can do nothing if all your claims are good.

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Hi Kenny, A lot of people including Governors mis-read the land use act to mean that government can wake up and grab anybody's land. NO!

First the government can take your land without any reference to you if it is not developed. Undeveloped land is seen as having no value officially, thats why banks won't take undeveloped plots as collateral.

When your land is developed and in an urban area, the government can not grab it, provided you complied with all relevant provisions of the law, you had the house plans approved, you have a document awarding you occupancy rights, like Certificate of Occupancy, etc. Once you have these, no reasonable government will touch your property because it will cost them much more than what it takes to build the house to compensate you, it is only when you are lagging that they will.

If the government has already pulled down your house talk to a lawyer, the value of your house in such a case is not just the cost of building it, but include the business opportunities you will be deneid due to its location. Thus, you should be talking of much more than 2 billion naira. Also, properties in rural areas are recognised under traditional occupancy rights, so talk to a lawyer.

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When the interest of the minority conflicts with that of the majority, the interest of the majority stands.Am sorry, there is nothing you can do.Would you rather have your house there while the whole community stays in darkness? I don't know about other states, but in Lagos, I think you will be well compensated.

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Some demolitions are carried out based on political beef.

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unfortunately it happens all over the world, especially where critical infrastructure are involved

just read this the other day about a fast railbeing built http://www.thisislondon.co.uk/standard/article-23771547-crossrail-paid-us-pound-800k-too-little-for-property-say-soho-landlords.do

You might want to get an injunction until the compensation matter is resolved, make sure you get a surveyor or estate agent to value the property and add some millions for emotional inconveniences, cultural connection to teh land etc etc

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Thanks a lot. But it is so sad 4a gov 2forcefully eject one even when u'r not found wanting. And this talk of compensation scares me. Considering other people's plight, they might end up paying u far less than ur property is worth

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I think there's something called compulsory purchase order by most government that usually comes with compensation-value of the property, cost of moving and legal cost

You can discus compensation with them or ask their agent about relocation plans at least

You can speak to a lawyer to act on your behalf (and others in the same situation)

All this na oyinbo sha, hope the govt of Anambra will be kind enough to work something out

Goodluck

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