Implications of compulsory land acquisition and compensation in Ghana: a case study of land acquisition for the Suame-Buoho road reconstruction in Kumasi

Abstract

Most lands in Ghana are held by individuals, families, clans and stools/skins under the customary tenure. To have access to land to develop infrastructure, the government usually resorts to a legal process of compulsory acquisition. This power extinguishes all proprietary titles, interests and other rights vested in the owners of the land. Laws regulating compulsory acquisition make provision for prompt, fair and adequate compensation payments to recompense the owners of demolished property. This paper examined compensation issues related to the Suame-Buoho road reconstruction where the government used the power of compulsory acquisition to acquire lands along the road for the purpose of expanding the road. The paper sought to identify the challenges and prospects associated with the process of compulsory acquisition, assessed the fairness, adequacy and promptness of compensation and the resultant effects on the affected people. A sample of 64 affected persons and two state institutions that were involved in the acquisition were identified for data collection using questionnaire survey. The findings showed that the affected persons did not really understand the issues of compulsory acquisition, compensation payments and the requirement for them to submit claims for compensation payments. The acquisition was not properly carried out as required by law as no executive instrument was published and compensation was mainly paid in piecemeal. The paper recommends among others things that individuals affected by the acquisition should be educated on the relevance of submission of claims for compensation as well as on the need to engage valuers to represent them in the compensation assessments.