Section 6 Land Use Act
Section 6 of the Nigerian Land Use Act is about Powers of Local Government in relation to land not in urban areas. It is under Part II (Principles of Land tenure) of the Act.
(1) It shall be lawful for a Local Government in respect of land not in an urban area.
(a) to grant customary rights of occupancy to any person or organisation for the use of land in the Local Government areas for agricultural residential and other purposes.
(b) to grant customary right of occupancy to any person or organisation for the use of land for grazing purposes and such other purposes ancillary to agricultural purposes as may be customary in the Local Government area concerned.
(2) No single customary right of occupancy shall be granted in respect of an area of land in excess of 500 hectares if granted for agricultural purposes, or 5,000 hectares if granted for grazing purposes, except with the consent of the Governor.
(3) It shall be lawful for a Local Government to enter upon, use and occupy for public purposes any land within the area of its jurisdiction which is not (a) land within an area declared to be an urban area pursuant to Section 3 of this Act; (b) the subject of a statutory right of occupancy; (c) within any area compulsorily acquired by the Government of the Federal or of the State concerned; (d) the subject of any laws relating to minerals or mineral oils, and for the purpose to revoke any customary right of
occupancy on any such land.
(4) The Local Government shall have exclusive rights to the lands so occupied against all persons except the Governor.
(5) The holder and the occupier according to their respective interests of any customary right of occupancy revoked under sub-section (2) shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements.
(6) Where land in respect of which a customary right of occupancy is revoked under this Act was used for agricultural purposes by the holder, the Local Government shall allocate to such holder alternative land for use for the same purpose.
(7) If a Local Government refuses or neglects within a reasonable time to pay compensation to a holder and an according to their respective interests under the provisions of subsection (5), the Military Governor may proceed to the assessment of compensation under section 29 and direct the Local Government to pay the amount of such compensation to the holder and occupier according to their respective interests.
