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Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, <strong>Ghana</strong>.Resettlement Action Plan (RAP), Lot 2CHAPTER THREE3.0 LEGAL FRAMEWORK3.1 CONSTITUTION OF THE REPUBLIC OF GHANAThe 1992 constitution guarantees private property rights. Interference with ownershipand enjoyments of such rights is discouraged by the constitution. Even the country’ssovereign and inherent powers of eminent domain over private property is equallycontrolled and can be exercised only when it is in the public interest or for a publicpurpose to do so.The 1992 constitution stipulates in article 20 (1) that:“No property of any description or interest in or rights over any propertyshall be compulsorily taken possession of or acquired by the state unlessthe following conditions are satisfied:1. The taking of possession is necessary in the interest of defense,public morality,public safety, public order, public health, town and country planning ordevelopment or utilization of the property in such a manner as to promote thepublic benefit and2. The necessity for the acquisition is clearly stated as to provide justification forcausing any hardship that may result to any person who has an interest in orright over the property.Further article 20(2) provides that such compulsory acquisition shall only be made undera law which makes provision for:• The prompt payment of fair and adequate compensation• Right of access to the high court by any aggrieved person.Article 20(3) stipulates that where compulsory acquisition of land involves thedisplacement of any inhabitants, the state shall resettle them on suitable alternativelands with due regards to their socio-cultural values.Another key provision worthy of note is that, where any property compulsorily acquiredis not used for the stated purpose or in a public interest the owners are to be given thefirst option of taking back their lands subject to the refund of compensation received orpayment of commensurate amounts for the property.17
Upgrading of N1 Highway Between Tetteh Quarshie Interchange and Mallam Road Junction, Accra, <strong>Ghana</strong>.Resettlement Action Plan (RAP), Lot 23.2 The State Lands Act (1962) Act 125 (As Amended)Act 125 (as amended) is the main enactment normally used for compulsory acquisition.It provides that the President may by Executive Instrument (EI) acquire any land for thepublic interest as has been done for Lot 2 and shown below. The modalities for theacquisition are spelt out in the Act and its Regulation – State Lands Regulation (1962) LI230 and culminate in the publication of an EI. Once the EI is published, the landsspecified are deemed acquired and vested in the President. Consequently all previousinterests are extinguished.The Act provides for compensation payment based on market or replacement values.Lump sum compensation is prescribed under the Act. Cost of disturbance and otherincidental expenses or damages are to be considered in the award of compensation.A major limitation of Act 125 is that provision has not been made for public consultationand involvement in the acquisition process. As effective consultation is crucial forproject implementation, the acquiring agency will conduct extensive consultation withthe affected locations and with other stakeholders at every stage of projectimplementation.18
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