KEY AREAS THE NIGERIAN URBAN AND REGIONAL PLANNING
LAW OF 1992 IS DIFFERENT FROM THE TOWN AND COUNTRY PLANNING LAW OF 1946 Plan preparation and implementation Development control Control on special cases Rehabilitation and renewal of areas
2. DIFFERENCE BETWEEN IMPROVEMENT AREA AND PLANNING
AREA IMPROVEMENT AREA PLANNING AREA
Improvement area is an area that is The planning area refers to the
declared for the purpose of geographic area covered by the plan. rehabilitation, renovation and upgrading Generally, the planning area follows the physical environment, social local government jurisdictional facilities and infrastructure of the area. boundaries, such as cities, townships, counties, or planning districts.
3. DIFFERENCE BETWEEN A STATUTORY CERTIFICATE OF
OCCUPANCY AND CUSTOMARY RIGHT OF OCCUPANCY STATUTORY RIGHT OF OCCUPANCY CUSTOMARY RIGHT OF OCCUPANCY A statutory Certificate of Occupancy is a Customary right of occupancy is a right of land title document that is issued by the occupancy expressly granted by a local State Government as evidence of ownership government authority to persons in respect of land signed by the Governor to of land within its localities, which are not landowners, as a legal proof of land designated as an urban area by the State ownership Government, for the purpose of agricultural use, residential and other purposes. POWERS OF EMINENT DOMAIN Eminent Domain also called condemnation is the power of local, state or federal government agencies to take private property for public use so long as the government pays just compensation.
ELEMENTS OF EMINENT DOMAIN
To exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be taken (3) for public use (4) and with just compensation. These elements have been interpreted broadly PRIVATE PROPERTY: The first element requires that the property taken be private. Private property includes land as well as fixtures, leases, stocks, and other items. TAKING: The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value. Property value may be reduced because of noise, accessibility problems, or other agents. Dirt, timber, or rock appropriated from an individual's land for the construction of a highway is taken property for which the owner is entitled to compensation. PUBLIC USE: The third element, public use, requires that the property taken be used to benefit the public rather than specific individuals. Whether a particular use is considered public is ordinarily a question to be determined by the courts. JUST COMPENSATION: The last element set that the amount of compensation awarded when property is seized or damaged through condemnation must be fair to the public as well as to the property owner.