Section 3: Power to acquire land for Federal highway

(1) The Federal Government may in consultation with the government of the State concerned, from time to time in such manner as it may prescribe, acquire land for the purposes of this Act and when so acquired such land shall be deemed to be a Federal highway within the meaning of this Act; and such land may be disposed of in accordance with the law of the area concerned; in this subsection, the reference to land includes reference to a road, other than a Federal highway, formed on land.
(2) Except in respect of roads which are deemed to be Federal highways, compensation shall be paid pursuant to the Land Use Act, for land acquired under subsection (1) of this section after the commencement of this Act.
[Cap. L5.]
(3) Where land at the commencement of this Act or at any time thereafter is part of a Federal highway, the ownership shall include not only the surface but also the subsoil to an indeterminable depth; and user adverse to that as a Federal highway shall operate in favour of level crossings constructed by the Nigerian Railway Corporation and then only where a train or engine is approaching and within half a mile of a level crossing.
(4) It is declared for the avoidance of doubt that in the application of this section, an acquisition of land for the purposes of this Act shall be for a public purpose of the Federation within the meaning of the Land Use Act.
(5) The acquisition of land for the purposes of this Act includes the right to obtain control over the land and to use the land for the erection of buildings and for the supervision of the user by the public.