22. Protection from deprivation of property

(1) No property of any description shall be taken possession of compulsorily, and no right over or interest in any such property shall be acquired compulsorily in any part of The Gambia, except where the following conditions are satisfied:

(a) the taking of possession or acquisition is necessary in the interest of defense, public safety, public order, public morality, public health, town and country planning, or the development or utilisation of any property in such manner as to promote the public benefit; and
(b) the necessity therefore is such as to afford reasonable justification of the causing of any hardship that may result to any person having any interest in or right over the property, and
(c) provision is made by law applicable to that taking of possession or acquisition-

(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property, a right of access to a court or other impartial and independent authority for the determination of his or her interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.

(2) Nothing in this section shall be construed as affecting the making of any law in so far as it provides for the taking or acquisition of property

(a) in satisfaction of any tax, rate or due;
(b) by way of penalty for breach of law, whether under civil process or after conviction for a criminal offence;
(c) as an incident of a lease, tenancy mortgage, charge, bill of sale, pledge or contract;
(d) by way of the vesting or administration of trust property enemy property, bona vacantia, or the property of persons adjudged or otherwise declared bankrupt or insolvent persons of unsound mind,
(e) in the execution of judgements or order of courts;
(f) by reason of such property being in a dangerous state or liable to cause injuries to the health of human beings, animals or plants;
(g) in consequence of any law with respect to the limitation of actions; or
(h) for so long as such taking of possession may be necessary for the purpose of any examination, investigation, trial or inquiry, or, in the cases of land, the carrying out thereon -
(i) of work of soil conservation or the conservation of other resources; or
(j) of agricultural development or improvement which the owner occupier of the land has been required and has without reasonable or lawful excuse refused or failed, to carryout, except so far as that provision, or as the case may be the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(3) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property interest is held by a body corporate which is established directly by any law and in which no monies are provided by an Act of the National Assembly.

(4) Where a compulsory acquisition of land by or on behalf of the government involves the displacement of any inhabitant who occupy the land under customary law, the government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic wellbeing and social and cultural values.

(5) Any such property of whatever description compulsorily taken possession of, and any interest in or right over property of any description compulsorily acquired in the public interest for a public purpose for which it is taken or acquired.

(6) Where any such property as is referred to in subsection (5) is not used in the public interest or for the public purpose for which it was taken or acquired, the person who was the owner immediately before the compulsory taking or acquisition, as the case may be, shall be given the first option of acquiring that property, in which event he or she shall be required to refund the whole or such part of the compensation as may be agreed upon between the parties thereto; and in the absence of any such agreement such amount as shall be determined by the High Court.