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The Village Land Act R.E. 2002

The Village Land Act R.E. 2002

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(a)(b)any village land;any general land occupied by persons who immediately before the coming intooperation of this <strong>Act</strong> held that land under and in accordance with a deemed right ofoccupancy.(2) It is hereby affirmed that, notwithstanding any of the provisions of–(a)the Town and Country Planning <strong>Act</strong> *(22); and(b) Part III of the <strong>Land</strong> Acquisition <strong>Act</strong> *(23),a person who occupies and has for not less than a total of ten out of twelve years immediatelypreceding the enactment of this <strong>Act</strong>, occupied land in an urban or peri-urban area as hisprincipal place of residence and does not occupy that land as a tenant of another person towhom the Urban Leaseholds (Acquisition and Regrant) <strong>Act</strong> *(24) could be applicable, or undera granted right of occupancy, occupies that land under a customary right of occupancy andshall–(i)(ii)where that land or part of it is from the date of the enactment of this <strong>Act</strong> to becompulsorily acquired; orhas been or is to be declared to be a part of any scheme which involves theextinguishing of all private rights in the land or any injury to the land or the occupationand its use under the provisions referred to in this subsection or any other law,be entitled to receive full, fair and prompt compensation from the loss or diminution of thevalue of that land and the buildings and other improvement on it.(3) For purposes of subsection (2) occupation by the family of the person claiming to havebeen in occupation for the specified time shall be deemed to be occupation by that person.(4) If any question arises as to whether a person in occupation of land is a person to whomthe provisions of subsection (2) applies, that person shall be deemed to be the person unlessthe contrary is proved to the satisfaction of a court and he and all parties claiming under him orconsistently with his occupation shall be deemed to be entitled to compensation.(5) Any rights in relation to land which have been determined under section 6 of the Forests<strong>Act</strong> *(25) to be lawfully exerciseable within any area declared to be a forest reserve by anyperson or group of persons are hereby affirmed to be and to have always been rights arisingfrom a customary right of occupancy.(6) In section 8 of the Ngorongoro Conservation Area <strong>Act</strong> *(26), the reference to land heldunder a right of occupancy granted under the <strong>Land</strong> <strong>Act</strong> *(27), shall be deemed to include landheld under a customary right of occupancy.

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