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(21)
For the purposes of this article "criminal offence" means a criminal offence under the laws of Ghana.
20 PROTECTION FROM DEPRIVATION OF PROPERTY
(1)
No property of any description, or interest in or right over any property shall be compulsorily taken
possession of or acquired by the State unless the following conditions are satisfied—
(a) the taking of possession or acquisition is necessary in the interest of defence, public safety,
public order, public morality, public health, town and country planning or the development or
utilization of property in such a manner as to promote the public benefit; and
(b) the necessity for the acquisition is clearly stated and is such as to provide reasonable
justification for causing any hardship that may result to any person who has an interest in or right
over the property.
(2)
Compulsory acquisition of property by the State shall only be made under a law which makes
provision for—
(a) the prompt payment of fair and adequate compensation; and
(b) a right of access to the High Court by any person who has an interest in or right over the
property whether direct or on appeal from any other authority for the determination of his
interest or right and the amount of compensation to which he is entitled.
(3)
Where a compulsory acquisition or possession of land effected by the, State in accordance with
clause (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced
inhabitants on suitable alternative land with due regard for their economic well-being and social and
cultural values.
(4)
Nothing in this article shall be construed as affecting the operation of any general law so far as it
provides for the taking of possession or acquisition of property—
(a) by way of vesting or administration of trust property, enemy property or the property of
persons adjudged or otherwise declared. bankrupt or insolvent, persons of unsound mind,
deceased persons or bodies corporate or unincorporated in the course of being wound up; or
(b) in the execution of a judgment or order of a court; or
(c) by reason of its being in a dangerous state or injurious to the health of human beings, animals or
plants; or
(d) in consequence of any law with respect to die limitation of actions; or
(e) for so long only as may be necessary for the purpose of any examination, investigation, trial or
inquiry; or
(f) for so long as may be necessary for the carrying out of work on any land for the purpose of the
provision of public facilities or utilities, except that where any damage results from any such
work there shall be paid appropriate compensation.
(5)
Any property compulsorily taken possession of or acquired in the public interest or for a public
purpose shall be used only in the public interest or for the public purpose for which it was acquired.
Ghana 1992 (rev. 1996)
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