ADVOKS GLOBAL · KENYA
Civil Aviation Act
40. Acquisition of land for purposes of the Authority
Edition: 2024-04-26 · In force
40. Acquisition of land for purposes of the Authority
(1)Where land is required by the Authority for its use, the Authority may either—(a)if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof; or(b)if such land is public land or if the Authority is unable to acquire it by agreement in accordance with paragraph (a), it shall notify the Cabinet Secretary responsible for matters relating to lands that the land specified in the notice is required for the purposes of the Authority.(2)When notice has been given under subsection (1)(b) then—(a)if the land is public land, the Cabinet Secretary responsible for matters relating to lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the authority to be utilized for the purposes of the Authority, or(b)if the land is not public land, any provision in any written law which empowers the President or the Cabinet Secretary responsible for matters relating to lands to acquire or direct the acquisition of such land for any specific purpose shall be, deemed to include a power enabling the President or the Cabinet Secretary responsible for matters relating to land to acquire or direct the acquisition of such land for the purposes of the Authority.(3)Where any compensation is payable to any person in respect of any land specified in the notice given under subsection (1)(b) acquired by the President or the Cabinet Secretary responsible for lands, and such land after being so acquired is placed at the disposal of the Authority in accordance with subsection (2)(a), the amount of compensation payable to that person, in accordance with the provisions of the law under which the land was acquired, shall be paid by the Authority in line with the relevant law dealing with compulsory acquisition of private land.(4)The Authority may at any time, in consultation with the Board, convey, transfer or surrender any land surplus to both its existing and future requirements by a conveyance or a deed of surrender:Provided that such land shall be surrendered to the Government and shall be conveyed or transferred to another public institution and not a private person in line with the provisions of Article 62 of the Constitution.(5)The provisions of subsection (4) shall apply to land vested in the Authority by any written law, including this Act, as well as land conveyed to it or otherwise placed at its disposal.