Section 109 Civil Aviation Act 2022
Section 109 of the Civil Aviation Act 2022 is about Power to acquire land. It is under Part XVII (Miscellaneous Provisions) of the Act.
(1) The Authority, may subject to the Land Use Act or the applicable law regulating the use of land in Nigeria, acquire any land for the purpose of performing its functions under this Act.
(2) Where there is any hindrance in the acquisition of any land by the Authority under this Act including any failure by the Authority to reach an agreement as to the amount to be paid in respect of the acquisition, the Authority may apply to the Minister for a declaration under subsection (3).
(3) The Minister on receiving an application from the Authority and after such enquiry as he may think fit, may request the Governor of the State in which the land is situated to declare that the land is required for the service of the Authority and accordingly for an over-riding public purpose.
(4) Where a declaration is made under subsection (3), the land to which the declaration relates shall be deemed to be land required for the public purpose of the Federation within the meaning of the Land Use Act and the
Authority shall acquire the land accordingly.
(5) Where a declaration has been made under subsection (3) in respect of any land and—
(a) the land has been acquired under subsection (4) ; or
(b) the Governor of the State where the land is situate is satisfied that there is no right subsisting in respect of the land, the Governor may vest the land in the Authority by issuing a certificate of occupancy in respect of it, in favour and in the name of the Authority.
(6) The compensation, if any, payable under the Land Use Act for the revocation of any right relating to the land, where applicable, shall in the first instance be paid by the Federal Government, but the Authority shall refund to
the Federal Government any compensation so paid and all incidental expenses incurred by the Government.
(7) A plan of any land referred to in subsection (2)—
(a) containing measurements of the boundaries of the land,
(b) showing the relationship of the land to any sufficient identifying mark, and
(c) signed by a licensed surveyor and the Director-General, shall be sufficient description of the land for the purpose of an application under that subsection.
