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Temperature - European Investment Bank

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WEST AFRICAN POWER POOL (WAPP) PÖYRY ENERGY LTD.<br />

Mount Coffee HPP ESIA and RAP 2012-09-18<br />

ESIA Report Page 6<br />

� The District Commissioner after satisfying himself that the land is not<br />

encumbered (overcrowded) in any way approves that the land be deeded to the<br />

applicant and issues a certificate to that effect.<br />

The procedure for obtaining land located in the County Area is as follows:<br />

� Apply to the Land Commissioner in the county in which the land is located;<br />

� The Commissioner shall issue a certificate if he is satisfied that the land is not<br />

encumbered.<br />

Upon completion of the above steps, the purchase shall pay the Bureau of Revenues the<br />

value of the land valued at a minimum rate of 50 cents per acre (Land article 24 of the<br />

1986 Constitution of Liberia). He shall obtain and submit a receipt to the President for<br />

an order to have the land surveyed. A deed will then be drawn up by the Land<br />

Commissioner, authenticated, and given to the purchaser.<br />

2.2.5 Land Tenure in Liberia<br />

Liberia has three kinds of land tenure and these are briefly described below. The tenure<br />

system is important as title to all land in the country is vested in the state.<br />

Customary Tenure<br />

Customary tenure involves the use of land which the government has granted to people<br />

in the hinterland through customary rights. Such rights begin with the Town Chief, then<br />

the Clan or Paramount Chief and lastly the District Commissioner. The District<br />

Commissioner prepares the Customary Land Grant Certificates, which are then<br />

legalised by the President of Liberia.<br />

Freehold Tenure<br />

Freehold tenure has its legality from the Constitution and its occurrences from the<br />

written law. It involves holding land in perpetuity or a term fixed by a condition and<br />

enables the holding to exercise, subject to the law, full powers of ownership.<br />

Leasehold Tenure<br />

This tenure is created either by contract or by operation of the law. It is a form under<br />

which the landlord or lessor grants the tenant or lessee exclusive right of the land,<br />

usually for a specific period in return for a rent, granting the tenant security of tenure<br />

and a proprietary interest in the land.<br />

2.2.6 Land Valuation System<br />

Title to all land vests in the state. Thus the government is the original grantor of land<br />

and the public are all grantees. One who obtains land from the state has a bona fide title<br />

and the right to full possession and use of the land. However, the state has the right to<br />

revoke any previously granted title. Before such power can be exercised, the state<br />

through its institutions is statutorily obliged to first evaluate the current market value of<br />

the property to be acquired with the aim of providing just compensation to the affected<br />

owner. Where the land to be revoked is in public use, the state has the burden of<br />

replacing it with one of commensurate value.<br />

In the case of public land, section 31 of the 1986 Liberian Code provides the procedure<br />

for determining the cost as follows:

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