land affected during the construction exceeds the width of the land sterilized. The width of the working strip used in laying the pipe will be the area of land used by the pipe laying gang. Depth of pipe: This is important because pipes are laid at least 750 mm below ground level in order to minimize the risk of obstructing cultivations. Shallower depths restrict the amount of cultivations possible and hence increase the amount of compensation payable. In Britain, lands tribunals have recommended the basis of calculation for land taken as “laid length” at a price per metre at 50 percent of the value of freehold land. Many authorities make substantial offers well above the rule of thumb established by the tribunals. With respect to damage caused by the laying of the pipe, the valuer should be guided by two principals (Bents and Kent, 1988:549):- The claimant is entitled to be left in no worse a position than he would have been had the event not taken place and where there is no other means of restitution. It is the duty of the claimant to mitigate wherever possible any claim that may arise (i.e. the list of items will vary with circumstances). Award of compensation The Land Act does not stipulate that compensation must be in the form of money only. Under the Land Act 2012 section 117, the State can award a grant of land in lieu of money compensation (“land for land”), provided the value of the land awarded does not exceed the value of the money compensation that would have been allowable.The law could be interpreted that any dispossessed person shall be awarded the market value of the land. The new law is silent on relocation support or disturbance allowance support. Upon the conclusion of the inquiry, and once the NLC has determined the amount of compensation, NLC will prepare and serves a written award of compensation to each legitimate claimant.NLC will publish these awards, which will be considered “final and conclusive evidence” of the area of the land to be acquired, the value of the land and the amount payable as compensation. Land Act, Section 115 further stipulates that an award shall not be invalidated by reason only of a discrepancy between the area specified in the award and the actual area of the land. Compensation cannot include attorney’s fees, costs of obtaining advice, and costs incurred in preparing and submitting written claims. Payment of Compensation
land affected during the construction exceeds the width of the land sterilized. The width of the working strip used in laying the pipe will be the area of land used by the pipe laying gang. Depth of pipe: This is important because pipes are laid at least 750 mm below ground level in order to minimize the risk of obstructing cultivations. Shallower depths restrict the amount of cultivations possible and hence increase the amount of compensation payable. In Britain, lands tribunals have recommended the basis of calculation for land taken as “laid length” at a price per metre at 50 percent of the value of freehold land. Many authorities make substantial offers well above the rule of thumb established by the tribunals. With respect to damage caused by the laying of the pipe, the valuer should be guided by two principals (Bents and Kent, 1988:549):- The claimant is entitled to be left in no worse a position than he would have been had the event not taken place and where there is no other means of restitution. It is the duty of the claimant to mitigate wherever possible any claim that may arise (i.e. the list of items will vary with circumstances). Award of compensation The Land Act does not stipulate that compensation must be in the form of money only. Under the Land Act 2012 section 117, the State can award a grant of land in lieu of money compensation (“land for land”), provided the value of the land awarded does not exceed the value of the money compensation that would have been allowable.The law could be interpreted that any dispossessed person shall be awarded the market value of the land. The new law is silent on relocation support or disturbance allowance support. Upon the conclusion of the inquiry, and once the NLC has determined the amount of compensation, NLC will prepare and serves a written award of compensation to each legitimate claimant.NLC will publish these awards, which will be considered “final and conclusive evidence” of the area of the land to be acquired, the value of the land and the amount payable as compensation. Land Act, Section 115 further stipulates that an award shall not be invalidated by reason only of a discrepancy between the area specified in the award and the actual area of the land. Compensation cannot include attorney’s fees, costs of obtaining advice, and costs incurred in preparing and submitting written claims. Payment of Compensation
Final_Kisumu_OBA_RAP_Jan_2018.docx