Section 38: Compulsory acquistion of land.
(1) When there is any hindrance to acquisition by the Authority of any land or building required for carrying into effect any of the provisions of this Act,the President, upon the application of the Authority and after such inquiry as the President may think fit, may declare that the land or building is required for the service of the Authority: and he may direct that action be taken under the provisions of the Land Use Act for acquiring the land or building for the government or (as the case may require) for revoking any rights thereto, and for determining the compensation to be paid to the parties interested; and upon the making of such declaration, the land to which it relates shall be deemed to be land required for a public purpose within the meaning of the Land Use Act.
(2) When the land or building has been acquired or the rights thereto have been revoked as aforesaid, the President may vest such land or building in the Authority by means of a certificate under the hand and seal of the Chief Federal Lands Officer to the effect that the land or building has been made over to the Authority, or, as the case may require, may direct that a right of occupancy in respect thereof be granted to the Authority.
(3) The compensation, if any, for such acquisition or revocation, as the case may be, shall in the first instance be paid by the Government, but the Authority shall refund to the Government any compensation so paid and all incidental expenses incurred by the Government.
(4) All Authorities within Nigeria shall give effect to any directions given by the President in accordance with the provisions of this section.
Cite this section
Section 38, PORTS ACT (1956).
https://repo.podus.ai/laws/ports-act/section/38/