Thursday, July 10, 2014

AVEYIME LAND OWNERS PURSUE LANDS COMMISSION

Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday, July 10 2014

The Lands Commission has said claimants are hotly pursuing them since news broke that the Carmichael family had received a compensation of GH¢3.2 million and GH¢530,628.44 ($2.4million) in respect of the Aveyime lands acquired by the government in the 1970s.

The Commission of Enquiry investigating the payment of judgement debts heard how the government in 2009 released the amount to the Carmichael family who owned the Messrs Bator Agricultural Industry Limited cattle ranch, leaving out the indigenous claimants.

Conflict resolution
The Chief Valuer in charge of compensation at the Valuation Division of the Lands Commission Kwesi Kobea Bentsi-Enchil told Sole-Commissioner Justice Yaw Apau yesterday that although the claimants are hotly pursuing them, “we always refer to them that until they resolve their conflict, we cannot process their claims any further.”

He said there are 11 claimants in total out of which the Carmichael family was paid and added that “Traditionally, the office has held back all claims until all conflicts are resolved to make sure that we do not stray into other areas and also that the office will not be cited for negligence in any form.”

Give-and-take
Justice Apau: The indigenous claimants have not been paid but the foreigner has been paid?

Witness: That is what is on the record.

Dometi Kofi Sorkpor (Counsel for Judgement Debt Commission): Those who have not been paid. Do they pester the Lands Commission with their claims?

Witness: They hotly pursue us.

Documents available to the commission indicated that the Carmichael land was acquired in 1976 and it was in 1978 that they put in a claim for compensation, attaching the valuation report and the compensation had been assessed at ¢330,000.

Unexpired lease
When Justice Apau asked if what the government paid was the unexpired lease, the Chief Valuer said “The basis for any payment would have been the unexpired lease but I am not sure of the basis for whatever was concluded. We can only equate the amount paid to the unexpired lease.”

Probed further if after the expiration of the lease, the original owners could claim compensation, Mr. Bentsi-Enchil said “they claimed the reversionary freehold interest.”

“Obviously they are not aware of the professional implications. They are thinking that they are going to be paid compensation for everything but the assessment will break it down to respective interests which really form the basis for the compensation assessment and all to be paid concurrently.”

He said he was unsure if the overall land acquired had been valued but added that “because Messrs Bator Agricultural Industry Limited’s was valued, the non values related to the time is available on file to form a basis for taking off claim assessments and all of that.”

“In the present stage, eight claims are in conflict. If they have to resolve their claims, the best approach is for them to resurvey their sites. And a resurvey may change the whole composition of this plotting and therefore, it estops the office from processing conflict-free areas and paying now.”

Asked if there had not been any encroachment on the land Mr. Bentsi-Enchil said “encroachment cannot be overruled but that is not the prerogative of my office. It is up to the beneficiary of the acquisition whoever was acquired for to protect the land.”

“Indeed in a whole lot of acquisitions, they have been encroached invariably by the same original owners.”


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