Compulsory Acquisition, what are the legal issues?

CPD (Continuing Professional Development)

RESOURCE PERSON:
Mrs J Lau Yuk Poon

Bio-data:

Mrs Mary Jane LAU YUK POON holds the post of Assistant Solicitor General and is currently inter alia involved with IP, TCI issues at the Attorney General’s Office. She holds a Masters in Technology Law and Intellectual Property Rights.

She currently advises the Ministry of Housing and Lands.

Course Description

As Mauritius enters into the 50th year of its Independence and with the number of compulsory acquisitions made by the Government over the past 50 years on account of developing the island in terms of infrastructure and others but all in accordance with the laws and on account of national or public interest, the resource person proposes to look into detail at the various legal issues revolving around the compulsory acquisition of land.

The Constitution and the Land Acquisition Act primarily govern compulsory acquisition in Mauritius.  The legal foundation and considerations are set out in the Act as to when and in which circumstances compulsory acquisition can take place.  The procedure and the manner in which compulsory acquisition operates is also provided.  The mechanism which is set up to compensate the owner of the compulsorily acquired plot of land as well as the Board of Assessment which is set up to look at the various claims made by an owner who is unsatisfied with the amount of compensation offered will be analysed.  This presentation will also give an overview of the potential heads of claims which can be made following a compulsory acquisition and who can be an interested party to be entitled to compensation following compulsory acquisition.  Finally, we will look into the challenge to the legality of a compulsory acquisition.

Experience Level:

All

Group:

Law Practitioners & Legal Officers