Surveyors oppose new law on land

Surveyors oppose new law on land. [Photo: Courtesy]

A surveyors’ professional body has poked holes into the Land Value Index Act saying some of its provisions will destabilise the sector.

The Institute of Surveyors in Kenya (ISK) now wants changes into the Act which has already been signed into law by President Uhuru Kenyatta.

ISK President Abraham Samoei pointed out that the enacted Act has given the Government power to possess one’s land without necessarily compensating them fully.

In the Act, the phrase "after paying full compensation" was deleted on Section 125(1).

Subsection(2) which says an acquiring authority in need of the land will pay the first deposit of the compensation before possession has been deleted in its entirety, it added.

The enacted law does not stipulate when compensation will take place but it gives the Government powers to possess the land and transfer it to the relevant authority for project.

Samoei said acquisition of the land in this manner deprives the owner of the benefit they stand to gain.

“Government projects are budgeted for and so should compensation to the affected persons,” he said.

Land value

Samoei said the provisions in the Act on compensation and land value will not be to the benefit of the market.

For example, Section 107A (1) states that valuation of freehold and community land for purposes of compensation under the Act shall be based on land value index which will be developed by the national and county government.

Samoei said the index should no way be used during compensation as it would be impractical.

“Land markets operate on the forces of demand and supply and it is not possible to subject the same to legislative control not unless we want to cripple transactions in the sector,” he said insisting that the index should only act as a guide.

The index, as described in the Act, will contain an analytical representation showing the distribution of land across the country at a specific period of time, and the possible value if transactions were to be made.

The Act stipulates that once it has been signed into law, which was done in August, within six months, the index should be in place.

Samoei said the limited capacity of the Ministry of Lands in terms of staffing in the necessary valuation department and budgetary allocations will also not make this possible.