Land Aqusition Management System Uganda

Uganda National Roads Authority
Directorate of Planning
Land Acquisition Management System
LAND ACQUISITION MANAGEMENT SYSTEM

June 2009

Plot 11 Yusuf Lule Road
P.O Box 28487
KAMPALA - UGANDA
Tel: +256 312 233100 414 318000
Fax: +256 414 232807 414 347616
http://www.unra.go.ug
Version: 13 June 2009

Page i
This is not a controlled document.
The controlled document is held electronically (see section 2.5)

Document Control
Revision Date
LAMS Item
20-3-09
Part A: Quality Management
14-4-09
21-4-09
13-6-09
1. Introduction
2. Quality Management
3. Management Responsibility
4. Measurement, Analysis, Improvement
LP1. Preliminary Valuation
LP2. Survey and Valuation
LP3. Compensation and Expropriation
LP4. Quality Management
LP5. Resource Management
B. Institutional Framework
C. Standard Forms / Templates
D. Donor Requirements
Part B: Detailed Procedures
APPENDICES:
A. Policy and Legal Framework
Authorisation:
Land Acquisition Specialist
Executive Director
Signed copy to be held by the Land Acquisition Specialist.
Summary of Most Recent Revision:

20-03-09: First Draft distributed for comment (Appendix B, C and D not yet prepared)
14-04-09: Draft distributed prior to field testing.
21-04-09: Final Draft issued for field testing

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Contents
Document Control .........................................................................................................................ii
Contents........................................................................................................................................iii
Abbreviations and Glossary ........................................................................................................vi
Abbreviations.............................................................................................................................. vi
Glossary of terms used in LAMS................................................................................................ vii
Part A: Quality Management for Land Acquisition ........................................................ 1

1
Introduction ............................................................................................................................ 2
1.1
Background......................................................................................................................2
1.2
Purpose and Feedback....................................................................................................2
1.3
Structure of the LAMS......................................................................................................3
Quality Management ..............................................................................................................3

2.1
Quality Policy ...................................................................................................................3
2.2
Objectives........................................................................................................................4
2.3
Scope of LAMS................................................................................................................4
2.4
Processes........................................................................................................................4
2.5
Control of LAMS Documents and Records.......................................................................6
Management Responsibility ..................................................................................................6

3.1
Management Responsibility .............................................................................................6
3.2
Planning...........................................................................................................................7
3.3
Responsibility, Authority, Communication ........................................................................7
3.4
Management Review .......................................................................................................8
Measurement, Analysis, Improvement .................................................................................8
Part B: Detailed Procedures for Land Acquisition ...................................................... 10

Introduction to the Land acquisition Procedures (LPs) ........................................................... 11
LP1.
Initial Assessment.........................................................................................................13
LP1.1. Desk Study ....................................................................................................................14

LP1.2. Notices and Consultations .............................................................................................15
LP1.3. Field Survey...................................................................................................................16
LP1.4. Mitigation Measures.......................................................................................................17
LP1.5. Compensation Strategy .................................................................................................18
LP1.6. Implementation Plan ......................................................................................................19
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LP1.7. Cost Estimates...............................................................................................................19

LP1.8. Initial Assessment Report ..............................................................................................19
LP2.
Survey and Valuation....................................................................................................21
LP2.1. Review Initial Assessment .............................................................................................22

LP2.2. Survey and Display Strip Maps ......................................................................................22
LP2.3. Compensation Principles and Rates ..............................................................................22
LP2.4. Valuation Assessments..................................................................................................23
LP2.5. Snag list.........................................................................................................................24
LP2.6. Valuation Report ............................................................................................................24
LP3.
Compensation and Expropriation of Land ..................................................................26
LP3.1. Review and Update Valuation Report ............................................................................27

LP3.2. Verify and Pay Compensation........................................................................................27
LP3.3. Grievances and Appeals................................................................................................28
LP3.4. Land Expropriation.........................................................................................................28
LP3.5. Accountability Report .....................................................................................................28
LP4.
Quality Management .....................................................................................................30
LP4.1. Maintain LAMS ..............................................................................................................30

LP4.2. Audit Programme...........................................................................................................31
LP4.3. Management Reviews ...................................................................................................32
LP5.
Resource Management .................................................................................................34
LP5.1. Training..........................................................................................................................34
LP5.2. Procurement of Consultants...........................................................................................35
LP5.3. Contract Management ...................................................................................................36
Part C: Appendices ........................................................................................................ 37

Appendix A.
Policy and Legal Framework .............................................................................38
A.I)
Policy Framework ..........................................................................................................38
A.II)
Legal Framework ...........................................................................................................39
Appendix B.
Institutional Framework ..................................................................................... 50
B.I)
Ministry of Lands, Housing and Urban Development......................................................50
B.II)
Uganda Land Commission.............................................................................................51
B.III)
District Level Institutions ................................................................................................51
Appendix C.
Standard Forms and Templates ........................................................................54
Appendix D.
Donor Requirements .......................................................................................... 55

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D.I)
World Bank (WB) ...........................................................................................................55
D.II)
European Union (EU).....................................................................................................56
D.III)
African Development Bank (AfDB) .................................................................................56
D.IV) Japan Bank for International Cooperation (JBIC) and Japan International Cooperation
Agency (JICA)............................................................................................................................57

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Abbreviations and Glossary

Abbreviations
CBO
Community Based Organisation
CfLS
Commissioner for Land and Surveys
CGV
Chief Government Valuer
CoS
Commissioner of Surveys
EU
European Union
JBIC
Japan Bank for International Cooperation
JICA
Japan International Cooperation Agency
ISO
International Standards Organisation
LAMS
LC1
Local Councillor Grade 1
LP
Land acquisition Process / Procedure
NGO
Non Government Organisation
MoWT Ministry of Works and Transport

PAPs
Project Affected People
RAFU
Roads Agency Formation Unit (now UNRA)
RAP
Resettlement Action Plan
UK
United Kingdom
TOR
Terms of Reference
UNRA
WB
World Bank Group

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Glossary of terms used in LAMS

The table below provides a brief explanation of the meaning of some of the terms used in this Land
Acquisition Management System, which may be unfamiliar to the user or to clarify the
understanding of the term as meant in this LAMS.
The definitions used have been obtained from the Encarta English (UK) Dictionary online
(http://uk.encarta.msn.com/), from the relevant Act or other official document that primarily uses
that term.
Term
Definition
Audit
a systematic check or assessment, especially of the efficiency or effectiveness

of an organization or a process, typically carried out by an independent assesso
Client(1)
a person or organization to whom goods or services are provided and sold : a

user of the services offered by an agency
Customary
Characterised by local customary regulation and management allowing
Tenure
individual and household ownership, use and occupation of land, and any
transactions in that land. It also provides for communal ownership and use of
land, including subdivision into parcels belonging to individuals, families or
traditional institutions. The land is owned in perpetuity
Displaced
For the purposes of this document, a displaced person is one whose residual
land, after land acquisition, is too small for them to live on and they have to
move in entirety to a different location.
Expropriate
to take property or money from somebody, either legally for the public good or
illegally by theft or fraud
Freehold
legal ownership of a property giving the owner unconditional rights, including the
right to grant leases and take out mortgages;
Land Act interpretation the holding of registered land in perpetuity subject to
statutory and common law qualifications
Injurious
Depreciating effect on/damage to, land and property as a consequence of
Affection
project works.
ISO 9001:2000
Part of a family of international quality management standards maintained by

ISO, the International Organisation for Standardisation. Certification to an ISO
9001 standard does not guarantee any quality of end products and services;
rather, it certifies that formalized business processes are being applied
Leasehold
the holding of a property through a lease;

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Land Act interpretation the holding of land for a given period from a specified
date of commencement, on such terms and conditions as may be agreed upon
by the lessor and lessee and includes a sublease.
Mailo
Land Act interpretation the holding of registered land in perpetuity and having
roots in the allotment of land pursuant to the 1900 Uganda Agreement and
subject to statutory qualifications
Residual (land)
The residual of the asset is the portion remaining in the claimants possession
after land acquisition.
Marginal (land)
Very small in scale or importance; for example:

(i) when the residual of the asset being taken is not economically viable
Severance
Severance occurs when part of the claimants land is taken. It is not necessary
that the claimants retained land be divided, although this would possibly serve
to increase the damage sustained.
Damage due to severance arises when the land acquired contributes to the
value of the retained land and the loss of the land acquired reduces the value of
the land retained.
Snag
a minor problem or obstacle to progress
Vulnerable
includes people who, by virtue of gender, ethnicity, age, physical or mental

disability, economic disadvantage or social status may be more diversely
affected by displacement than others and who may be limited in their ability to
claim or take advantage of resettlement assistance and related development
benefits. This includes those communities or other displaced persons who may
not be protected through national land compensation or land titling.
Notes:
(1) In this LAMS, Client may refer to roadside communities affected by land acquisition and / or
external implementation partners such as Donors, the Chief Government Valuers office, the
Commissioner of Surveys office, the Commissioner of Land Registrations office, District and local
government offices, etc. In some contexts it may also include UNRAs suppliers.

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PART A: QUALITY MANAGEMENT

FOR LAND ACQUISITION

Page 1

1 Introduction
1.1 Background
The Uganda National Roads Authority (UNRA) is responsible for managing, maintaining and
developing the national road network across Uganda. UNRA became a legal entity in 2006, but
officially began operations on 1st July 2008.
UNRAs Mission is to develop and maintain a national road network that is responsive to the
economic development needs of Uganda, to the safety of all road users, and to the environmental
sustainability of the national roads corridors.
To achieve this Mission, UNRA intends to focus on optimising the quality, timeliness and cost
effectiveness of its road projects. This includes its management of land acquisition along the road
corridors.
Historically, the Government of Uganda relied on restricting the use of the road reserve through
provisions in the Roads Act. However, over time the boundaries of the road reserve became
indistinguishable from the adjacent land and, due to population increases, especially in urban
areas, encroachment has occurred. UNRA has therefore decided that it shall legally acquire the
land within the road reserves, starting with current and pipeline projects and expanding to cover
the entire national road network over time. This is a massive undertaking, totalling approximately
10,800 km of road.
The recent experience on UNRA (formerly RAFU) projects is that the Land Acquisition preparation
and implementation has been ineffectual and the cause many problems on road development
projects. This is primarily because UNRA and its suppliers have limited experience in managing
and implementing land acquisition. The private sector is further constrained by limited human
resources capacity there are simply not enough trained and experienced personnel to implement
such a nationwide land acquisition programme.
This Land Acquisition Management System (LAMS) has been prepared to provide a
comprehensive guide to the management of land acquisition of the road reserve for UNRA and its
suppliers, to clarify the roles and responsibilities of all parties, and to give step by step guidance to
the implementation process.
It is based on the requirements of ISO 9001:2000, with a view to improving management,
monitoring and continual improvement of land acquisition processes by UNRA and its suppliers.
1.2 Purpose and Feedback

The purpose of this LAMS is to support the achievement of UNRAs Mission Statement to
improve the quality, timeliness and cost effectiveness of land acquisition on its road development
projects.

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The LAMS is intended to be:
Simple, clear and easy to understand and implement,

A live system that is to be regularly reviewed and revised as necessary,
A practical tool that helps UNRA staff in their work rather than being an administrative
burden.
Feedback on the LAMS and its implementation is not only encouraged but considered necessary.
All feedback, comments and suggestions for improvement should be sent to the Land Acquisition
Specialist at UNRA.
1.3 Structure of the LAMS

The LAMS is divided into three parts.
Part A is the Quality Manual, which describes the overall management system, how it is managed
and maintained, policy statements and strategic objectives.
Part B contains the detailed procedures a step by step guide to each aspect of land acquisition
and the management controls to be applied, and which define responsibilities, standard forms to
be used, records to be maintained, etc.
Part C contains the appendices, which provide further information to support parts A and B,
including a list of the standard forms and templates.
2 Quality Management
2.1 Quality Policy
The acquisition of land and any other associated activities are to be carried out in accordance with
UNRAs, Vision, Mission and Values; with the laws of Uganda and, where practicable, with
international best practice.
UNRAs Vision is to operate a safe, efficient and well developed national roads network.
UNRAs Mission is to develop and maintain a national road network that is responsive to the
economic development needs of Uganda, to the safety of all road users, and to the environmental
sustainability of the national roads corridors.
UNRAs Core Values are:
Customer Focus: We exist because of our customers and they come first,
Accountability: We are accountable for our actions,
Corporate Identify: The public image of our organisation is a mirror of our professional
ethics, moral conduct and commitment to deliver better services,

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Transparency: We shall maintain an open door policy and consult with our customers as
frequently as possible to ensure that we serve them better,
Excellence: We intend to achieve our goals through hard work, innovation, creativity,
prudence and exemplary leadership
Integrity: We are dedicated to serving with honesty, high professional standards and good
ethical conduct.
This Land Acquisition Management System has been developed following the principles and
requirements of ISO 9001 to assist UNRA staff and suppliers to comply with this policy statement.
2.2 Objectives
The quality objectives relating to land acquisition are defined in the relevant procedures in Part B.
The objectives are intended to measure UNRAs success in terms of delivering a quality product in
an efficient and effective manner.
The Land Acquisition Specialist shall monitor achievement against these objectives and submit
annual monitoring reports to the Director of Planning as part of UNRAs internal planning process.
2.3 Scope of LAMS

This LAMS applies to all aspects of the land acquisition process managed by UNRA for all road
development projects on the national road network. Any supplier (consultant) providing services to
UNRA relating to land acquisition shall carry out these services in accordance with this LAMS.
It does not apply to injurious affection claims outside of the road reserve and resulting from the
activities of Works Contractors implementing UNRA projects.
It does not (and can not) apply to the aspects of land acquisition managed by external
implementation partners such as the Chief Government Valuers office, the Commissioner of
Surveys office, District and local government offices, etc.
2.4 Processes
Land acquisition comprises three different stages, which are represented by three technical
processes in this LAMS. These are:
Initial Assessment which includes a review of the legal and institutional framework,
community consultations and field surveys, development of mitigation measures,
compensation strategy, implementation plan, and cost estimates (LP1)
Survey and Valuation which includes defining compensation principles and rates,
identifying affected persons, preparing detailed strip maps and valuation assessments
(LP2)

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Compensation and Expropriation which includes obtaining necessary approvals, verifying

and paying compensation to affected persons, expropriating land for UNRA (transferring
titles and revising deed plans) (LP3)
In addition, this LAMS includes two supporting processes which help UNRA to manage the above
technical processes. These are:
Quality Management which includes maintaining this LAMS, quality auditing of all
processes in the land acquisition management cycle, and management reviews to promote
continual improvement (LP4)
Resource Management which includes training, procurement of consulting services and

contract management relating to land acquisition (LP5)
The diagram below shows schematically the sequence and interaction of the processes. Each
process is given a unique reference number with the identifier LP for Land acquisition Process.
The detailed procedures are organised using the same referencing system and colour coding.
The Products relating to the land acquisition process, from an ISO 9001 perspective, include:
LP1. Initial Assessment Report

LP2. Valuation Report
LP3. Titles and Deed Plans, Accountability Report
The relevant procedures include the controls needed to ensure the quality of these products, and
include information on:
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Planning resource allocation, standards and authorisations
Client Care determination and review of client needs, client communication and feedback
Control of Production responsibilities, internal reporting and monitoring, quality review

and authorisations
Records documentation and records to be maintained
Suppliers procurement and verification of services and goods from external suppliers
2.5 Control of LAMS Documents and Records

The control of documents and records forming part of this LAMS are described in the procedures
under LP5 Quality Management in Part B.
Records are documentary evidence of actions taken and are required to provide evidence of
conformity with the requirements of this LAMS. Records shall remain legible, readily identifiable
and retrievable.
The controlled version of this LAMS is available on the UNRA server under the restricted folder
managed by the Directorate of Planning. The Land Acquisition Specialist will maintain a printed
controlled version, which will be clearly marked as such and shall include the authorising
signatures for the issue of this and any future revisions. No other printed documents are
controlled.
3 Management Responsibility
3.1 Management Responsibility
UNRA are committed to the implementation of the Policy Statement, and the achievement of their
Vision and Mission in accordance with their Core Values.
Land Acquisition comes under the responsibility of the Directorate of Planning, which is committed
to the implementation of this LAMS, achievement of the associated quality objectives, and in
continually improving the management and implementation of the land acquisition process.
The Land Acquisition Specialist shall receive the assistance and support necessary to:
Implement a LAMS familiarisation programme to ensure that all UNRA staff and suppliers
are aware of their responsibilities under the LAMS and in improving its effectiveness to
meet client needs,
Conduct management reviews of the LAMS, incorporating feedback from staff, suppliers
and clients, and focusing on meeting client requirements and enhancing client satisfaction,
Ensure the availability of resources to manage, implement, review and update the LAMS.

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3.2 Planning
Management Reviews, including staff and client feedback, shall form the basis for deciding the
need for future updates and revisions to this LAMS, and for associated familiarisation programmes.
A LAMS Continual Improvement Plan shall be prepared and updated to reflect the outcomes of
Management Reviews, as described in Part B, LP5 Quality Management.
3.3 Responsibility, Authority, Communication

The diagram below shows the organisation of UNRA with respect to the management of land
acquisition issues on its projects. UNRAs Land Acquisition Specialist, supported by a Land
Acquisition Officer, has primary responsibility for the implementation, review and improvement of
this LAMS.
The Land Acquisition Specialist reports directly to the Director of Planning, who in turn reports to
the Executive Director. Land Acquisition activities should be completed before Works Contractors
begin on site; hence it is considered part of the planning process. In reality, many land acquisition
issues, in particular the management of appeals and injurious claims, continue after the project has
started, and so the Land Acquisition Specialist also works closely with the Director of Projects and
the Project Managers to resolve these issues.
The Land Acquisition Specialist has the authority to liaise with external parties on matters relating
to the LAMS. Representatives from the Directorates of Planning and Projects shall participate in

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the Management Reviews, to seek consensus, approval and authorisation for the LAMS and its
revision.
The Directors of Planning and Projects shall ensure their managers and suppliers are familiar with
the content of the LAMS as necessary.
3.4 Management Review

The Land Acquisition shall ensure that a Management Review is held at least once a year to
ensure its continuing suitability, adequacy and effectiveness, and to assess opportunities for
improvement and the need for revisions.
A record of the findings of the Management Review shall be maintained by the Land Acquisition
Specialist.
Inputs to the management review shall include:
Results of audits,
Client and staff feedback,
Status of preventive and corrective actions,
Follow up actions from previous management reviews,
Changes that could affect the LAMS,
Recommendations for improvement.
Review output shall include any decisions and actions related to:
Improvement of the effectiveness of LAMS and its processes,
Resource needs.
Improvement of product (Initial Assessment Report, Valuation Report, Accountability

Report) related to client requirements,
The review outputs shall be fed into the LAMS Continual Improvement Plan
4 Measurement, Analysis, Improvement

The procedures in Part B includes for the monitoring, measurement, analysis and improvement
processes needed to:
Demonstrate conformity of the product to client and LAMS requirements

Ensure conformity of the LAMS to ISO 9001
Continually improve the effectiveness of the LAMS

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These include an annual programme of internal audits covering all aspects of the LAMS. The
purpose of these audits is to:
Demonstrate that the LAMS is being effectively implemented and maintained,

Demonstrate the ability of the LAMS procedures to achieve planned results,
Provide feedback for the Management Review.
A number of staff shall be trained and appointed as auditors and shall be responsible for delivering
the audit programme.
The management responsible for the area being audited shall ensure that actions are taken
without undue delay to eliminate detected non conformities and their causes. Follow up activities
shall include the verification of the actions taken and the reporting of verification results.
A record of all detected non conformances shall be maintained by the Land Acquisition Specialist.

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PART B: DETAILED PROCEDURES

FOR LAND ACQUISITION

Page 10

Introduction to the Land acquisition Procedures (LPs)

The flow chart overleaf shows the main tasks or steps to be taken for each process, and how they
link together. These are expanded upon in the Land acquisition Procedures (LPs) defined in the
following sections. The following sections use headings coloured to match those used in the
diagram for easy identification.
The procedures are written to comply with Government of Uganda requirements. For donor
funded projects, some modifications may be required. See Appendix D Donor Requirements for
further information.
Each of the Land acquisition Procedures is summarised by the ISO Plan-Do-Check-Act model,
which defines the objectives, inputs, process, output, controls and measures relevant to that
procedure. These summaries provide the basis for routine monitoring, formal quality audits, and
management reviews as part of the continual improvement process.
Objective:
PLAN
Define delivery objectives that are clear and achievement can be measured
Input:
Define the items required for implementing the services and delivering the outputs
DO
Process:
The tasks / steps to be completed when implementing the services and delivering the outputs
Output:
Define the output of the process, e.g. reports and deliverables
Controls:
CHECK
Define the controls established to ensure the process (implementation) is done correctly and meets
defined standards
Measures:
Define measures or performance indicators that are used to measure achievement of the objectives
ACT
CONTINUAL IMPROVEMENT
In the main text for each task or step in the process, boxes are used to highlight where approvals
are to be sought and formal records are to be maintained.

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Flow Chart showing major steps in land acquisition technical and support process
Outline Scheme
Approval
Project Planning
Feasibility Study
Final Alignment
Design Approved
Detailed Scheme
Approval
Funding Secured
LP1.2
Notices &
Consultations
LP1.4
Mitigation
Measures
LP1.6
Implementation
Plan
Project Planning Tasks

(Not part of land acquisition)
Draft Alignment
Design
LP1.
Initial
Assessment
Land Acquisition Tasks

LP1.8
Initial Assessment
Report
LP1.1
Desk Study
LP1.3
Field Survey
LP1.5
Compensation
Strategy
LP1.7
Cost Estimates
LP2.2
Survey & Display
Strip Maps
LP2.
Survey &
Valuation
LP2.1
Review Initial
Assessment
LP2.3
Compensation
Principles & Rates
LP2.4
Valuation
Assessments
LP2.5
Snaglist
LP2.7
Valuation Report
LP3.2
Verify & Pay
Compensation
LP3.
Compensation &
Expropriation of
Land
LP5.3
Contract
Management
LP3.1
Review & Update
Valuation Report
LP3.4
Land
Expropriation
LP5.2
Procurement of
Consultants
LP5.1
Training
LP3.3
Grievances and
Appeals
LP5.
Resource
Management
LP4.3
Management
Reviews
LP4.2
Audit Programme
LP4.1
Maintain LAMS

LP4.
Quality
Management
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LP3.4
Accountability Report

LP1. Initial Assessment

Objective:
To provide an initial assessment of mitigation measures and cost estimates for land acquisition
Input:
Alignment Design, Base Maps (physical features), Deed Plans
Process:
LP1.2
Notices &
Consultations
LP1.
Initial
Assessment
LP1.4
Mitigation
Measures
LP1.6
Implementation
Plan
LP1.8
Initial Assessment
Report
LP1.1
Desk Study
LP1.3
Field Survey
LP1.5
Compensation
Strategy
Output:
Approved Initial Assessment Report
LP2.
Valuation
LP1.7
Cost Estimates
LP2.2
Survey & Display
Strip Maps
LP2.1
Controls:
Review Initial
Assessment
LP2.3
Terms of Reference, Template for Initial Assessment Report
Measures:
LP2.5
Snaglist
LP2.4
Valuation
Assessments
Compensation
Principles & Rates
LP2.6
Grievances and
Appeals
% Reports submitted to UNRA on time

LP5.3
Contract
Management
% Reports approved by UNRA on first submission

% Variation between initial cost estimate and valuation report total
LP5.2
TheProcurement
Initial ofAssessment should normally be carried out during feasibility study and preliminary
Consultants
design stage, and should aim to provide an accurate estimate of the compensation to be paid, the
LP5.
LP4.3
numbers
LP5.1of people affected and to identify and develop any necessary mitigation measures.
LP4.2
LP4.1
Management
Training
Resource
Management
Reviews
Audit Programme
Maintain LAMS
The Initial Assessment only be completed once a preliminary road alignment (and earthworks)
design has been prepared, and at least most of the alignment is known. Where alignment options
have been identified and a decision has yet to be made, the initial assessment should include
these options and clearly identify the impacts of each option separately.
Responsibility for completing the initial assessment lies with the Consultant contracted to
undertake the work, usually as part of the Feasibility Study and Preliminary Design contract. See
LP5 Resource Management for further information.
If, for some reason, the initial assessment takes place later, it may overlap or coincide with the
Valuation process. Where this is the case, the Initial Assessment should focus primarily on the
development of mitigation measures, and the consultant should liaise with those carrying out the
Valuation process to summarise the compensation strategy, cost estimates and implementation
plan in their Initial Assessment Report.

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LP1.1. Desk Study

Policy and Legal Framework
A summary of the policy and legal framework is provided in Appendix A Policy and Legal
Framework. The desk study should include:
A review of the summary policy and legal framework and advise UNRA of any errors,
omissions or suggestions for improvement,
Identification of any recently issued policy documents or legislation that may affect the land
acquisition process,
Identification of any local legislation that may affect land acquisition of the project road.
Where it is found that Appendix A needs to be revised and / or updated, this shall be done in
accordance with the document control procedures defined in LP4 Quality Management.
Institutional Framework
A summary of the institutional framework is provided in Appendix B Institutional Framework. The
desk study should include:
A review of the summary institutional framework and advise UNRA of any errors, omissions
or suggestions for improvement,
Identification of any recent institutional changes that may affect the land acquisition
process,
A stakeholder analysis and identification of the organisations and individuals to be involved

in the land acquisition process at central, district and local levels,
Where it is found that Appendix B needs to be revised and / or updated, this shall be done in
accordance with the document control procedures defined in LP4 Quality Management.
The stakeholder analysis shall include identification of all persons and organisations (formal and
informal) that:
Will be directly affected by the road project and the land acquisition process (e.g.
roadside communities and their livelihood sources, utility providers, socio-economic
service providers, communal facilities providers)
Have a legal requirement to be involved in the land acquisition process (e.g. central
and local government bodies)
Could help ensure smooth implementation of the land acquisition process (e.g.
community leaders, local NGOs / CBOs)

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The analysis should include preparation of a stakeholder matrix, which identifies different
organisations and social groups, the extent to which the project is likely to impact on them, and
their importance in ensuring the LA process runs smoothly.
A project specific Institutional Framework should be prepared which clearly defines the tasks and
responsibilities for the entire process, and should include an organisation chart or similar, including
the names of the individuals concerned. This should include an assessment of the willingness and
capacity of those organisations and individuals to fulfil their responsibilities and to identify where
capacity building / technical assistance may be required.
Participation Strategy
The participation strategy shall define how each stakeholder will be consulted and how they will be
involved in making decisions on issues that affect them.
The participation strategy shall include:
A District Information Pack, that explains the roles and responsibilities of district level
officers in the land acquisition process,
A Community Information Pack, that provides affected communities with all the information
they need to understand the land acquisition process, how it may affect them, their
entitlements, and what they need to do to make sure they get paid their compensation on
time.
Proposed Road Reserve

The consultants shall, in accordance with UNRAs strategy for land acquisition and in liaison with
the road design engineers, propose the boundaries for the road reserve, in accordance with the
policy framework. This shall include:
A review of the alignment design and assessment of the road reserve width to be applied
along the route, taking into account any requirements for additional land take, for example
due to high cut / fill slopes and major junctions,
Obtaining copies of Deed Plans and base maps (showing physical features), and
superimposing on the proposed alignment centreline and road reserve boundaries.
The proposed road reserve should include all land take needed for permanent works, including
drainage and river protection measures.
LP1.2. Notices and Consultations

Official notices, in accordance with the legal framework, should be issued to notify those living in
the affected areas of the intent to acquire land for the road and of the need to access land for
survey purposes. A copy of all notices should be held on file by UNRA along with information on
when and where they have been displayed.

Page 15

The exact form of the notices will depend on whether the land is already within the existing road
reserve and whether the outline scheme has been submitted and approved by the Commissioner
for Physical Planning, and the intended project area declared and gazetted.
The consultant should identify the need for all future public notices associated with the land
acquisition process and agree with the district and UNRA the locations where these are to be
displayed.
The consultations should follow the participation strategy, and should include as a minimum:
District level meetings to obtain information on compensation rates, to complete the

stakeholder analysis, and to distribute the district information packs to ensure all parties
fully understand their responsibilities
Village level meetings to:
Raise awareness and distribute the community information packs to explain the land
acquisition process in detail
Discuss the compensation strategy
Allow affected communities to raise any concerns relating to land acquisition
Obtain information on livelihood strategies, market prices for land and property,
current mailo rents and incomes, etc.
Interaction between surveyors and land owners / occupiers to
Identify and estimate quantities of land and assets likely to be affected
Identify plots where difficulties are likely to arise, e.g. absentee or recently deceased
title holders, ongoing land disputes
Identify plots where people are likely to be displaced (i.e. dont have enough
residual land to rebuild their homes on it) and discuss with them whether they want
to be paid compensation or whether they want assistance in resettlement.
A record of all consultations shall be maintained. Ideally these will be signed by the parties
involved in the consultation as a fair and accurate record of the discussions held.
LP1.3. Field Survey

The field survey involves, as a minimum, a walkover survey and consultation with land owners /
occupiers, by a registered land surveyor and / or registered valuation surveyor to provide a socioeconomic baseline for monitoring and evaluation, and an initial assessment of:

Page 16

land use and tenure systems, for estimating compensation costs
current market prices and district approved rates for estimating compensation costs
livelihoods sources and need for livelihoods protection / mitigation measures
community infrastructure and other items likely to be affected and for which
mitigation measures will need to be developed
the number of owners / occupiers affected and estimated quantities of their assets
for which compensation will need to be paid
the number of families and individuals that will be displaced
A record of the field survey findings shall be maintained. Ideally these will be signed by the
relevant owner / occupier or district officer as a fair and accurate record of the situation.
The output of the field survey should include:
i.
Maps showing road reserve boundary, registered plots, and residual land that may need to
be acquired,
ii.
Indicative Land Inventory, including different land tenure systems, location and size of plot
and proportion affected, land type and use,
iii.
Indicative Property Inventory, including structures (e.g. homes, animal pens, stores),
infrastructure (e.g. water supply and sanitation, utilities connections), and other assets
(trees, crops)
iv.
Community Infrastructure inventory, including all socio-economic and communal services

and facilities, utility services and religious / cultural facilities that may be affected,
v.
Indicative Livelihoods Inventory, including identification of vulnerable groups (e.g. female or

child headed households, elderly, disabled, minority groups), income sources and
estimated values, cash and in-kind incomes, access to natural resources, etc.
Note that this is NOT a full cadastral survey; a cadastral survey is undertaken as part of the Survey
and Valuation exercise in LP2.
LP1.4. Mitigation Measures

The findings from the field survey should identify where negative impacts are likely to occur which
monetary compensation will not adequately resolve, and for which alternative mitigation measures
are required.
Mitigation measures may include:

Page 17

Moving or reconstructing personal and community infrastructure (including access to a

road) and structures,
Reconnecting to water supply, sanitation and utilities,
Identifying alternative livelihood opportunities and providing appropriate training,
Facilitating access to social and economic service providers,
Resettlement of families and providing support to families and communities during the
resettlement process.
Where mitigation measures involve construction works, the Consultant shall ensure they are
included in the detailed design and contract documents for the works contractor.
Where mitigation measures involve support and development, the Consultant shall liaise with the
local government and NGO service providers to develop plans to implement the mitigation
measures.
LP1.5. Compensation Strategy

The Compensation Strategy shall define the principles to be adopted in estimating the
compensation costs. This shall include eligibility principles for compensation, copies of the latest
district rates, analysis of current market prices for land and property, proposed rates for
compensation for all asset types for each area along the project road, payment mechanisms and
responsibilities, the documentary evidence necessary to allow payments to be made, etc.
Eligibility principles and proposed rates should take into account:
the governments position on using district approved rates, depreciated prices and
disturbance allowances,
how to ensure fair division of compensation between owners and occupiers, especially on
mailo land,
how to price for acquiring land where the existing road is (i.e. carriageway, shoulders and
drainage ditches).
The compensation strategy should define the payment mechanisms and thresholds for cash
payments, stating whether larger sums are to be paid by cheque, bankers draft or by electronic
fund transfer.
The draft compensation strategy should be submitted, via UNRA, to the Chief Government Valuer
for review and approval in principle. A record of the CGVs comments and approval shall be
maintained.

Page 18

LP1.6. Implementation Plan

The Implementation Plan should propose exactly how the subsequent tasks of valuation,
compensation and expropriation should proceed, and should include:
Analysis of implementation / progress rates for survey, valuation, verification and

compensation, expropriation, etc appropriate to the population density along the road (i.e.
how many kms per day per team, optimum team size and composition, etc)
Estimated timings (work plan) for valuation, compensation and expropriation (to suit
anticipated fund availability, procurement of land acquisition consultants, procurement of
contractors and handover of site, phasing of works, etc).
Estimated costs and resource needs for Valuation, compensation and expropriation,
including allowances for local government representatives and land acquisition consultants
fees and expenses.
A Monitoring and Evaluation Plan
LP1.7. Cost Estimates

A cost estimate, based on the indicative inventories and field surveys, and broken down by district
or sub-area, and clearly showing the estimates quantities and costs for:
Compensation to affected families for land, permanent property, and non-permanent

assets,
Physical works mitigation measures to be included in the Works Contract
Social and economic support mitigation measures and associated costs (e.g. NGO costs),
Consultants to complete the valuation, compensation and expropriation tasks,
Local government representatives allowances and expenses,
LP1.8. Initial Assessment Report

The Initial Assessment Report shall summarise all the above tasks, with supporting documentation
provided in Appendices. It should also include a completion report of the Consultants activities,
including team inputs, actual against planned costs and implementation, difficulties encountered,
lessons learned, etc.

Page 19

The report should follow the standard template prepared by UNRA, and be submitted to UNRA for
approval. A record of UNRAs comments and approval shall be maintained. UNRA may send a
copy to the CGV for information.
The Consultants responsibility for the initial assessment ends with approval of the report by
UNRA.

Page 20

LP2. Survey and Valuation

Objective:
To prepare a Valuation Report and Strip Maps to the satisfaction of the Chief Government Valuer and the Commissioner for Land
and Surveys
Input:
Initial Assessment Report, Alignment Design, Base Maps (physical features), Deed Plans
Process:
LP2.2
Survey & Display
Strip Maps
LP2.
Survey &
Valuation
LP2.1
Review Initial
Assessment
LP2.3
Compensation
Principles & Rates
LP2.4
Valuation
Assessments
LP2.5
Snaglist
LP2.7
Valuation Report
Output:
LP3.
Compensation &
Expropriation of
Land
Approved Valuation Report

Controls:
LP3.1
Review & Update
Valuation Report
Terms of Reference, Template for Valuation Report, Government of Uganda Requirements

Measures:
% Reports submitted to UNRA on time
% ReportsLP4.3
approved by UNRALP4.2
on first submissionLP4.1
Management
Reviews
Audit Programme
Maintain LAMS
% Reports approved by CGV / Surveys approved by CoS on first submission
LP4.
Quality
Management
Length of time between first submission and CGV / CfLS approval
The Valuation should normally be carried out during detailed design stage, and should provide a
detailed and accurate inventory of all affected property and a detailed valuation for compensating
those affected properties.
The Valuation process should only start once the final alignment and earthworks design has been
approved, in phases if appropriate, and the necessary public notices issued.
Responsibility for completing the initial assessment lies with the Consultant contracted to
undertake the work. This will usually be a separate contract for Valuation, Compensation and
Expropriation. See LP5 Resource Management for further information.
The Valuation Report must be approved by the Chief Government Valuer before commencing with
LP3 Compensation and Expropriation

Page 21

LP2.1. Review Initial Assessment

This involves a review of the work already done during the Initial Assessment (or work done to date
if there is any overlap), in particular the desk study findings, the compensation strategy,
implementation plan and cost estimates.
It also includes a review of the alignment and earthwork designs, to identify whether there have
been any significant changes since the initial assessment was prepared. Where any design
changes affect the mitigation measures developed under the initial assessment, the consultant
should advise UNRA and the design consultants to address these in the Environmental and Social
Impact Assessment (ESIA).
LP2.2. Survey and Display Strip Maps

This requires a full cadastral survey, in accordance with the requirements of the Commissioner for
Lands and Surveys and the Chief Government Valuer, to plot land boundaries, affected property
and large trees or other significant features eligible for compensation payment.
The purpose of the maps is to:
i.
Provide supporting evidence for the valuation exercise,
ii.
Provide the plans for transfer of titles and revising deed plans.
In carrying out the survey, the survey team should place physical markers at plot boundaries and
to show the boundary of the land to be acquired for the road reserve.
The plans to support valuation should show the boundaries of all land by owner / occupier,
including on customary land, and all affected assets that can be plotted.
The plans for transfer of titles and revising deed plans only need to show the registered land
boundaries and the proposed boundaries of land to be acquired. The survey data, including
information on the control points used and physical markers placed to demarcate the property,
should be submitted to the Commissioner for Lands and Surveys for approval. A record of the
Commissioners approval of the plans shall be maintained.
The plans, also known as strip maps, should be displayed in the locations identified in the Initial
Assessment.
LP2.3. Compensation Principles and Rates

This requires liaison with district officers and Government Valuers to develop the principles and
rates to be proposed for all items eligible for compensation, including:
Current district approved rates for non-permanent property,

Page 22

Assessment of market rates proposed for land and permanent property,
Payment for land where existing carriageway and shoulders are,
Payment for owners and occupiers of mailo land,
Disturbance allowances,
Attendance allowances and expenses for local government officials to be present for
verification, compensation and expropriation.
The Consultant should also review the payment mechanism and thresholds defined in the Initial
Assessment.
The proposed rates must be submitted at the earliest opportunity, via UNRA, to the Chief
Government Valuer for review and approval. A record of the CGVs comments and approval shall
be maintained.
LP2.4. Valuation Assessments

Walkover Survey
The valuation exercise includes a walkover survey, in the presence of the owner / occupier, of
each plot shown on the strip map, to quantify the crops and other assets eligible for compensation,
including an accurate description of affected property. The walkover survey team should include
both a valuer and land surveyor.
A Valuation Assessment Form should be completed and signed by the surveyor and the owner /
occupier to confirm the quantities.
The valuation should include identification of residual land and marginal property, and discussion
and proposals as to how to deal with these. This information will be detailed on the separate Early
Warning Form, which shall be appended to the Valuation Assessment Form.
An Assessment Team shall be compiled to make the final decision on how to deal with residual
land and marginal property and shall include representatives from UNRA Projects and Planning
Directorates, the Detailed Design Consultants, the Commissioner for Physical Planning, the Chief
Government Valuer and the District Land Office
Their written recommendation shall be entered on to the Early Warning Form.
At the time of assessment, the Assessment Officer should obtain photocopies of registered titles,
certificates of tenancy, occupancy, customary ownership, etc.

Page 23

Valuation Assessment and Inquiry

A hearing shall be held in each village affected by land acquisition, to validate the quantities on the
valuation assessment forms and to hold an inquiry into any objections.
An assessment board, comprising the Assessment Officer and a representative from the local
council (LC1) shall preside over the hearing.
Each person with a claim to compensation, who wishes to raise an objection, shall attend the
hearing in person or by authorised agent. The assessment board shall carry out an inquiry and
confirm the valuation in accordance with the Valuation Assessment Form or any necessary
revisions resulting from the inquiry.
Details of the final award should be recorded on a Valuation Schedule Form. The form shall
confirm the quantities, the rates (based on the approved compensation principles and rates) and
calculate the total amounts to be paid in compensation.
These forms will be included as an Appendix to the final Valuation Report.
A Valuation Schedule shall be prepared that summarises all the valuation awards and provides
totals by property type and by location. .
LP2.5. Snag list

A snag list shall be prepared to identify any property where there may be potential difficulties or
obstacles that may delay completion of the acquisition process. These include property where:
The registered title holder is absent and cannot be easily contacted,
The registered title holder is recently deceased and legal proceedings to transfer the
property to the intended beneficiary have not been completed,
The title or certificate of ownership / occupancy has been lost,
There is an ongoing or potential dispute over the property,
Any other event or concern may delay acquisition.
The snag list shall be in matrix form identifying the problem, the options considered to solve the
difficulty, the recommended solution, who is responsible for implementing and overseeing the
solution and the timescale for doing so. The snag list shall be updated regularly as items are
resolved.
LP2.6. Valuation Report

The Valuation Report shall summarise all the above tasks, with supporting documentation provided
in Appendices. It should also include a completion report of the Consultants activities, including

Page 24

team inputs, actual against planned costs and implementation, difficulties encountered, lessons
learned, etc.
review and approval. UNRA will then submit the report to the CGV for final approval. A record of
the CGVs comments and approval shall be maintained.
The Consultants responsibility for Valuation ends with approval of the report by UNRA and the
Chief Government Valuer.

Page 25

LP3. Compensation and Expropriation of Land

Objective:
To compensate PAPs, expropriate land and clear road reserve ready for Contractors possession of site
Input:
Approved Valuation Report
Process:
LP3.2
Verify & Pay
Compensation
LP3.
Compensation &
Expropriation of
Land
LP3.1
Review & Update
Valuation Report
LP3.3
Grievances and
Appeals
LP3.4
Accountability
Report
LP3.4
Land
Expropriation
Output:
Land Titles, Accountability Report
Controls:
Terms of Reference, Template for Accountability Report, Government of Uganda Requirements
Measures:
% PAPs paid and land plots expropriated on time
% PAPs lodge valid grievance / appeal
% Reports submitted on time and approved by UNRA on first submission
% Contracts have delayed start due to land acquisition, and number of days delayed
The payment and expropriation process may only start after approval of the Valuation Report by
the Chief Government Valuer and once funds are secured to make the compensation payments.
Ideally, the process should be completed before procurement of the works contractors, to allow at
least 6 months for affected families to move off the acquired land before the contractor starts work
on site.
Responsibility for completing the payment and expropriation process lies with the Consultant
contracted to undertake the work under a contract for Valuation, Payment and Expropriation. See
LP5 Resource Management for further information.

Page 26

LP3.1. Review and Update Valuation Report

This involves a review of the Valuation Report, in particular to identify whether there are any
appeals and / or items on the snaglist still to be resolved. The review should also update the
implementation schedule as necessary, in particular setting the dates of planned meetings for
verification and payment.
LP3.2. Verify and Pay Compensation

The implementation plan should include for at least a one day meeting in each village where
people are to be paid compensation. The purpose of these meetings is to verify the identify of
those entitled to compensation, to make payment by the appropriate means, and to obtain the titles
/ certificates to register the transfer of land.
The following people need to be present:
Assessment Officer (Consultant) to confirm amounts to be paid, maintain the appropriate

records, and coordinate / oversee the verification and payment process,
LC1 Representative to verify the identity of those entitled to compensation and to witness
the payment,
District Representative to witness the payment,
District Land Office Representative to receive the titles / certificates for subsequent
processing.
Those entitled to compensation need to present the following documentation to enable payment to
be made:
Valid identify papers (ID Card, Driving Permit, Voters Card, Passport); if no valid
identification can be produced a signed letter from the LC1, approved by the Sub-County
Chief and District Chief Administrative Officer, confirming identify will be accepted;
2 Passport style photos (for identify verification and payment confirmation);
Land title / certificate, where land is to be transferred to UNRA;
Bank account details, where payment is to be made by electronic fund transfer.
Payments should be made in accordance with the payment mechanisms and thresholds defined in
the Valuation Report.
An Identify Verification Form and a Payment Receipt Form shall be
completed for all transactions.

Page 27

A record of all titles / certificates deposited with the district registrar or representative shall be
maintained.
LP3.3. Grievances and Appeals

Any objection or contest to a claim or any objection, grievance or appeal against an award made,
may be submitted in writing to the Assessment Officer (via local and district representatives) during
an appeal period of 60 days from the date of the inquiry and award. The claimant may use a
standard record of appeal form, which will be logged and tracked in a spreadsheet held by the
Assessment Officer.
The appeals shall be considered by the Assessment Officer and the Chief Government Valuer,
who shall decide on the award to be made. If an individual is still not satisfied with the award, they
may start legal proceedings through the Land Tribunal.
The Assessment Officer shall maintain a record of any grievances or appeals submitted, including
information on how they are being addressed and of their final resolution.
LP3.4. Land Expropriation

The land titles / certificates deposited with the District Land Board Representative during the
verification and payment meetings shall be processed by the Registrar in accordance with the
Registration of Titles Act, and the requirements of the Commissioner for Land Registration.
Responsibility for this lies primarily with the Commissioner and his authorised assistants and
registrars. The Consultant shall provide whatever assistance is required by the Commissioner to
facilitate the process, especially in relation to preparation of revised Deed Plans.
The land acquired shall be registered under the Uganda National Roads Authority, to be held by
the Uganda Land Commission.
The Consultant shall ensure that revised titles / certificates for residual land are returned to the
owner / occupier, and acknowledgement of their return recorded.
LP3.5. Accountability Report

The Accountability Report shall summarise all the above tasks, with supporting documentation
provided in Appendices. The report should include details of:
Any outstanding appeals,
Any legal action being taken,
Any refusals to accept payment or handover titles / certificates.

Page 28

It should also include a completion report of the Consultants activities, including team inputs,
actual against planned costs and implementation, difficulties encountered, lessons learned, etc.
review and approval. A record of UNRAs comments and approval shall be maintained. UNRA
may send a copy to the CGV for information.
The Consultants responsibility for Payment and Expropriation ends with approval of the report by
UNRA.

Page 29

LP4. Quality Management

Objective:
To manage land acquisition process effectively and in accordance with Government of Uganda requirements, with a focus on Client
satisfaction and continual improvement
Input:
Land Acquisition Management System, quality Records
Process:
LP4.
Quality
Management
LP4.1
Maintain LAMS
LP4.2
Audit Programme
LP4.3
Management
Reviews
Output:
Client Satisfaction
Controls:
LAMS, Legal Framework, Templates for, Audit Plan, Audit Reports, Non-conformance Reports, Management Reviews
Measures:
LP5.
Resource
Management
% Audits / Reviews completed as planned

LP5.2
LP5.1
Procurement of
%Audits
Trainingidentify no Non-Conformances
Consultants
LP5.3
Contract
Management
% Tasks in continual improvement plan completed within two months of target date
Quality Management is a continual process and applies across all the procedures. UNRAs and
their consultants are responsible for ensuring they implement land acquisition processes in
accordance with the relevant procedures, maintain the necessary records and obtain the
necessary approvals.
Responsibility for overall quality management lies with UNRA, in particular the Land Acquisition
Specialist and the Land Acquisition Officer. In particular this involves maintaining the Land
Acquisition Management System, managing an Audit Programme and the Management Reviews.
LP4.1. Maintain LAMS

Document Control
The LAMS comprises this document (the Land Acquisition Management System) and the forms /
templates to be used for keeping records. The Land Acquisition Specialist and Executive Director
shall approve all LAMS documents and subsequent revisions.

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The document control sheet at the front of this document and the page footers provide a record of
the current revision date for the LAMS. A similar table for the forms and templates to be used is
given in Appendix C Standard Forms and Templates.
Changes shall not be applied retrospectively.
The controlled version of the LAMS is stored electronically on the UNRA server under the Planning
Directorates restricted folders. Only the Land Acquisition Specialist maintains a printed controlled
version, which includes the signed copy of the document control sheet. No other printed
documents are controlled.
All LAMS documents, forms and templates shall show the current version date at the bottom of the
page (all pages), to ensure the current version is clearly identified.
When revisions are made to the LAMS, the Land Acquisition Specialist shall contact all approved
consultants to inform and relevant UNRA staff to explain how the changes affect them and their
operations.
All LAMS documents shall be reviewed on a regular basis as part of the Management Review
process.
Record Control
The records identified in the procedures are required to provide evidence of conformity to the
LAMS and ISO 9001 requirements. Records shall remain legible, readily identifiable, and
retrievable.
The records to be maintained shall be in the standard format provided by UNRA in Appendix C
Standard Forms and Templates, where available. If no standard format is available, the consultant
shall propose a format for UNRA approval.
In general, records for land acquisition procedures shall be bound into the relevant reports in
appendices. All reports relating to land acquisition shall be held by the Land Acquisition Specialist
and shall be retained, archived and disposed of in accordance with UNRAs Records and Archives
policy.
The records for quality management and resource management shall be stored by the Land
Acquisition Specialist, retained for at least 1 full year after completion of the related activity, after
which they may be disposed of. A copy of all resource management records shall be given to
UNRAs Human Resources Department for staff related records, and the Director of Planning for
Consultant related records.
LP4.2. Audit Programme

An audit plan shall be prepared annually, to ensure that each procedure is audited at least once a
year, and that each project / contract is audited at least once. The Land Acquisition Specialist is
responsible for preparing and maintaining / updating the audit plan.
Page 31

Only personnel (UNRA or Consultants staff) that have attended a quality auditors training event
shall carry out the LAMS audits. The Land Acquisition Specialist shall assign an auditor for each
audit in the plan such that no one shall audit their own area.
It shall be the responsibility of the assigned auditor to consult with the relevant project / office
representatives to set a date and time for the audit that suits all necessary parties. Audits may be
undertaken in more than one sitting if required. No official audit notification is required.
Audit Reports and any associated Non-Conformance Reports shall be prepared as soon as
possible after completion of the audit, signed by the auditor, and submitted to the Land Acquisition
Specialist.
Audits shall identify opportunities for continual improvement and preventive actions. These will
feed into the Management Review process.
The audit is the main mechanism for identifying non-conformances. A non-conformance shall be
recorded using the standard form and issued to the individual responsible for the project / office
where the non-conformance has occurred. The closure of non-conformances does not simply
require the specific item to be corrected, it requires analysis of the root cause of the nonconformance and identifying actions that will prevent recurrence. This analysis and identification of
an appropriate solution is the responsibility of the individual receiving the non-conformance report,
though it should be completed in consultation with the Land Acquisition Specialist to ensure the
response is to UNRAs satisfaction and the proposed action is thought adequate to prevent
recurrence.
The Land Acquisition Specialist shall maintain a register of non-conformances to monitor their
status. Analysis of trends, the root causes and solutions to prevent recurrence shall feed into the
Management Review process.
Any follow up action required shall be undertaken by the Land Acquisition Specialist.
LP4.3. Management Reviews

The purpose of Management Reviews is to ensure the continuing suitability, adequacy and
effectiveness of the LAMS, to assess opportunities for improvement and the need for changes,
including the quality policy and objectives. Approximate dates for Management Reviews are
shown on the Audit Plan.
The Management Review should include representatives from the Directorates of Planning and
Projects, and the Land Acquisition Specialist and Officer. Other stakeholders may be invited to
participate in the Management Review, for example relevant central government officers or
Consultant representatives, if considered appropriate by UNRA.
The Land Acquisition Specialist shall liaise with key stakeholders to obtain feedback and
suggestions for improvement from key stakeholders and clients, and shall prepare an Agenda and

Page 32

a LAMS Report for the Management Review.

reviewed including:
The report shall summarise the issues to be
Follow up of recommendations from previous management reviews
Results of monitoring against quality objectives for each procedure
Feedback from key stakeholders and clients
Findings and recommendations from audits
Status of corrective actions
Achievements against the Continual Improvement Plan
Any other significant issues relating to management of land acquisition
The output of the review shall include a detailed record of the meeting, in particular any decisions
made and actions assigned. The Land Acquisition Specialist will revise the Continual Improvement
Plan accordingly.
The Continual Improvement Plan shall record the actions arising from the Management Review,
and assign responsibilities and timeframes for completion. The Land Acquisition Specialist will
monitor progress against the plan and update the plan as necessary.

Page 33

LP5. Resource Management

Objective:
To procure and manage consulting services to complete land acquisition to the satisfaction of UNRA and their Clients
Input:
PPDA Act and Regulations, Pipeline Project Plans
Process:
LP5.
Resource
Management
LP5.2
Procurement of
Consultants
LP5.1
Training
LP5.3
Contract
Management
Output:
Satisfactory completion of land acquisition processes
Controls:
LAMS, TOR, Approved Suppliers List, Training Plan
Measures:
% Consultant contracts completed on time
% Consultant contracts completed to satisfaction of UNRA
% Consultant contracts resulting in complaints from UNRA or its Clients
Resource Management is about making sure that all necessary personnel involved in
implementing the LAMS are adequately trained in the procedures and understand the
requirements. This includes ensuring that Terms of Reference (TOR) for consultants are clear and
progress targets are achievable.
Responsibility for resource management lies with UNRA. It is coordinated by the Land Acquisition
Specialist, but requires input from staff in the Directorate of Planning and the Human Resources
Department. In particular this involves maintaining the Land Acquisition Management System,
managing an Audit Programme and the Management Reviews.
LP5.1. Training
The Land Acquisition Specialist shall be responsible for ensuring the following training events are
held:
Familiarisation of the LAMS to all UNRA staff involved in or whose work is affected by land
acquisition activities,

Page 34

Familiarisation of the LAMS, presented during pre-bid meetings, for all consultants bidding
for contracts involving land acquisition activities,
Training in the procedures for all Consultants working on land acquisition for UNRA
projects,
Training of a selection of auditors to audit LAMS implementation.
LP5.2. Procurement of Consultants

A copy of the latest LAMS should be made available to bidders during the procurement process
and land acquisition requirements should be introduced during the pre-bid meeting.
Initial Assessment
The initial assessment should ideally be carried out during feasibility study and preliminary design.
It can start as soon as the draft alignment design is complete, with an indicative centreline and
road reserve boundary. It will be carried out by the consultants procured to carry out the feasibility
study and preliminary design.
Feasibility Study and Preliminary Design
Feasibility Study
Draft Alignment
Design
Preliminary
Design
LP1.
Initial
Assessment
A model Terms of Reference for the Initial Assessment will be prepared by the Land Acquisition
Specialist, which are to be included in the Standard Bidding Documents for the Feasibility Study
and Preliminary Design Consulting Services.
Where initial assessment has been delayed, it may be included in the contract for valuation,
payment and expropriation.
Valuation, Payment & Expropriation

The Valuation may be carried out during detailed design and bid document preparation. It can
start as soon as the final alignment design and the road reserve boundary are approved. The
payment and expropriation takes place after approval of the valuation report.
Valuation, payment and expropriation will be carried out by consultants procured specifically for
land acquisition. It should not be included as part of the detailed design consultants contract.

Page 35

Detailed Engineering Design

Darft Alignment /
Earthworks
Design
Procurement of Works Contractors (min 6 months)
Final Alignment
Design
Final Design &

Bidding
Documents
LP2.
Valuation
LP3.
Payment &
Expropriation
Issue Bid
Documents
Evaluate Bids
Award Contract
Start on Site
Site Cleared
A model Terms of Reference for the Valuation, Payment and Expropriation will be prepared by the
Land Acquisition Specialist, which are to be included in the Standard Bidding Documents for Land
Acquisition Consulting Services. The procurement process usually takes a minimum of 6 months.
As the alignment design and road reserve area will not be complete when preparing the bidding
documents, it may not be possible to define accurate quantities. The Land Acquisition Specialist
should prepare a Schedule of Rates to cover all items likely to arise, which will be used for the
financial evaluation of bids. The bids should be based on estimated quantities, but with provision
for revision at the time of contract award.
LP5.3. Contract Management

The Land Acquisition Specialist shall be responsible for monitoring the performance of the
appointed consultants in accordance with the Terms of Reference.
A copy of the Land Acquisition Management System, and the relevant forms and templates, shall
be given to the consultant at the start of their assignment. The Land Acquisition Specialist shall
ensure they are working to the latest version, including any revisions made during the period of
their assignment.
The standard reports include a requirement for the consultant to include their completion report for
each process. In addition, they shall submit an Inception Report and Interim Progress Reports in
accordance with their Terms of Reference and the standard formats provided.

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PART C: APPENDICES

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Appendix A. Policy and Legal Framework

A.I) Policy Framework
The Ministry of Works and Transport (MoWT) do not have an official policy on land acquisition for
roads projects because they have in the past relied on the provisions of the Roads Act to protect a
road reserve of 50ft from the centreline (15m).
The inclusion of road safety features in modern road design means that this road reserve is often
inadequate to protect the road structures, in particular where road embankment slopes are to be
flattened to prevent the rolling over of vehicles if they stray from the carriageway. Also, UNRA
wish to acquire the land to more effectively enforce protection of the road reserve.
For these reasons, UNRA have developed a Strategy for Land Acquisition as follows:
UNRA Strategy for Land Acquisition:
The purpose of acquiring land for road reserves is to:
Maintain safe roads, including carriageway and shoulders, pedestrian facilities, drainage,
structures and roadside furniture, sight lines and distances, and prevent erosion of cut / fill
slopes,
Protect road users (motorised / non-motorised traffic, pedestrians) from potential accidents
caused by obstructions on the road (e.g. due to parked cars, market stalls, etc),
Protect roadside communities in case of traffic accidents involving fast moving vehicles by
ensuring buildings, farm land and other facilities are sufficiently set back from the road and
associated structures.
The boundaries for planned Land Acquisition shall be:
20m from the centreline (in accordance with design manual), or
At a distance less than 20m if this is considered beneficial to minimise the negative impact
of a road development project.
At the project boundary where this extends beyond 20m ( i.e. the edge of permanent works
including earthworks, drainage, agreed utilities, and any additional areas needed to ensure
protection of the road structure and safety of roadside communities), or
Any location where the land to be acquired is a distance greater or lesser than 15m shall be
agreed in writing by a team comprising:
UNRA Land Acquisition Specialist
UNRA Directorate of Planning (Technical Services) representative
UNRA Directorate of Projects representative
Design consultant representative
Commissioner for Physical Planning or authorised representative

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Chief Government Valuer or authorised representative
Representative of District Land Board
Reductions in standard boundaries will not be permitted if they compromise the health, safety and
welfare of road users and / or roadside communities.
The agreed boundaries shall be demarcated using physical marker stones / posts and the area
maintained to ensure the boundaries are clearly visible.
Subsequent use of the road reserve shall be restricted as follows:
Any person or organisation wishing to use the road reserve for any purpose, including the erection
of advertisement signs, must apply in writing to UNRA for permission to use the land,
Public utility organisations may place their infrastructure within the road reserve, but must apply to
UNRA for a tenancy agreement / wayleave which shall include terms and conditions for rental
payments.
Land no longer required for the road reserve
Where sections of the road reserve are no longer needed, for example due to road realignment,
UNRA shall liaise with the relevant district authorities and Commissioner for Physical Planning to
determine what is to happen to the land and how land transfer is to be managed.
A.II) Legal Framework

Key Legislation
The Constitution of the Republic of Uganda, 1995
including The Constitution (Amendments) (No.s 1 and 2) Act of 2005.
Article 26 provides that every person has the right to own property and no person shall be
compulsorily deprived of property or any interest in or right over property except where acquisition
is necessary for public use and where compulsory acquisition is made under a law which provides
for prompt payment of fair and adequate compensation prior to the taking of possession or
acquisition of the property and there is a right of access to a court of law by any person having an
interest or right over the property.
Article 237 provides that Land in Uganda shall be owned in accordance with four land tenure
systems: a) customary; b) freehold; c) mailo; d) leasehold. The lawful or bona fide occupants of
mailo land, freehold or leasehold land shall enjoy security of occupancy of the land.
Articles 238-243 make provision for the establishment and management of the Uganda Land
Commission, District Land Boards, and Land Tribunals.

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The Land Act CAP 227, 1998 and the Land Regulations, 2004 (SI 100-2004)
Including The Land (Amendment) Act 2001, 2004
An Act to provide for the tenure, ownership and management of land; to amend and
consolidate the law relating to land, ownership and management of land; and to provide for
other related or incidental matters
Sections 2-3 define the land tenure systems:
i) Customary tenure is characterised by local customary regulation and management allowing
individual and household ownership, use and occupation of land, and any transactions in that land.
It also provides for communal ownership and use of land, including subdivision into parcels
belonging to individuals, families or traditional institutions. The land is owned in perpetuity.
ii) Freehold tenure involves the holding of registered land in perpetuity or for a lesser period. It
enables the holder to exercise full powers of ownership of land, although in some cases a freehold
title may be subject to conditions applicable to any of the tenure systems.
iii) Mailo tenure involves the holding of registered land in perpetuity but which permits the
separation of ownership of land from the ownership of developments made on that land made by
lawful or bona fide occupants. It enables the land owner, subject to the rights of the occupants, to
exercise the powers of a freehold owner.
iv) Leasehold tenure is created either by contract or operation of law, under which one person
(lessor or landlord) grants another person (lessee or tenant) exclusive possession of land usually
for a defined period and usually in return for a rent and / or premium (capital sum). The lease
contract usually determines the rights of the tenant and landlord with respect to exercising the
powers of a freehold owner.
Section 8 states that a certificate of customary ownership shall be taken to confirm and is
conclusive evidence of the customary rights and interests specified in it.
Section 15 allows land to be owned and / or managed by a group of individuals by forming a
Communal Land Association.
Section 29 explains the meanings of lawful occupant and bona fide occupant, both of which
refer to occupants with no registered right to occupy the land.
Section 39 applies restrictions on the transfer of land that may affect other family members, and
makes provision for caveats to ensure their protection.
Sections 46-55 makes provision for the establishment and management of the Uganda Land
Commission.
Sections 56-68 makes provision for the establishment and management of District Land Boards
and Land Committees.
Sections 74-89 relate to Land Tribunals.

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Regulation 15 states that an application by the Uganda Land Commission to procure or acquire a
freehold title for land vested in it or acquired by the Government shall be in Form 6 in the First
Schedule to these Regulations.
Regulation 24 states that the district land board, when compiling and maintaining a list of rates of
compensation, shall take into account the followinga) compensation shall not be payable in respect of any crop which is illegally grown;
b) as much time as possible shall be allowed for harvest of seasonal crops;
c) the current market value of the crops and trees in their locality will form the basis of determining
compensation;
d) for buildings of non-permanent nature, replacement cost less depreciation will form the basis of
compensation;
e) disturbance allowance of:
(i) 15% of the value stated in paragraphs c) and d) shall be payable where notice of 6
months or more is given; or
(ii) 30% of the value stated in paragraphs c) and d) shall be payable where notice of less
than 6 months is given.
Regulation 94 allows the district to obtain services of external consultants either from central
government, from another district, or from any other lawful source if the necessary technical
services are not available in the district.
Regulation 95 and the second schedule provide details of the fees to be paid for activities relating
to the Land Act and the Land Regulations.
The Land Acquisition Act CAP 226, 1965

An Act to make provision for the compulsory acquisition of land for public purposes and for
matters incidental thereto and connected therewith.
Section 1 clarifies the interpretation of terms used in the Act, including the Assessment Officer (a
public officer or any other person appointed by the Minister to be an assessment officer for the
purposes of this Act).
Section 2 allows an authority to enter and examine land for any survey or preparatory work, for
example during feasibility study, preliminary and detailed design, as long as compensation is paid
for any resulting damage to property.
Section 3 requires the Minister to make a declaration that land is required by Government for
public purposes, through a statutory instrument, which specifies the location and approximate area
of the land to be acquired, and a place and time at which the plan of the land may be inspected.

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The declaration is to be served on the registered proprietor, occupier or the controlling authority of
the land.
Section 4 requires the land in question to be marked out, measured and a plan of the land made
Section 5 requires, as soon as possible after the declaration is made, a notice to be published in
the gazette and exhibited at convenient places on or near the land, stating that the Government
intends to take possession of the land and that claims to compensation for all interests in the land
may be made to him or her. As many notices as appropriate may be published to cover separate
parts of the land. The notice shall state the particulars of the land and shall require all persons
having an interest in the land to appear personally or by agent before the assessment officer on a
specified date (between 15 and 30 days after the publication of the notice) and time in order to
state (in writing and signed by the party or agent):
a) the nature of the respective interests in the land;
b) the amount and particulars of their claims to compensation for those interests;
c) their objections, if any, to any plan of the land made
A copy of the notice shall be served on the registered proprietor or occupier or controlling authority
of the land.
Section 6 requires that at the same day / time as the assessment is made (section 5), the
assessment officer shall hold an inquiry into claims and objections made in respect of the land and
shall make an award under his or her hand specifying a) the true areas of the land; b) the
compensation which should be allowed for the land; c) the apportionment of that compensation
among all the persons known or believed to have an interest in the land (whether or not they are
present). If necessary the inquiry may be adjourned. The assessment officer shall have the same
power to summon and enforce the attendance of witnesses and to compel the production of
documents as is vested in a magistrates court in its civil jurisdiction.
Where the assessment officer makes an award, a copy of the award shall be served on the
Minister and on those persons having an interest in the land not present or represented by an
Agent when the award is made and the Government shall pay compensation in accordance with
the award as soon as may be after the time within which an appeal may be lodged.
Where an appeal is lodged, or a person awarded compensation refuses payment, or any other
circumstances which makes it difficult to make payment in accordance with the award, the Attorney
General may apply to the High Court to order payment to be made in court if necessary.
Section 7 allows the assessment officer to take possession of the land as soon as the award is
made, although he / she may take possession any time after the publication of the declaration if the
Minister certifies that it is in the public interest for him or her to do so. The land shall vest in the
Land Commission. Immediately upon taking possession, the assessment officer shall forward to
the registrar of titles a copy of the declaration relating to the land endorsed with a certificate signed
by the assessment officer, which shall state that the assessment officer has taken possession of

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the land and specify the date this was done. The Registrar shall then effect the transfer in the
Register Book.
Section 8 allows for the withdrawal / revocation of an instrument at any time before possession is
taken.
Section 9 allows for the whole of a building to be acquired if the registered proprietor or owner
requests so, with provision to withdraw or modify this request at any time before the compensation
award is made (section 6).
Section 12 allows for the acquisition of severed land.
Section 13 allows for any person to appeal (to the High Court) within 60 days of the award being
made under section 6.
Section 15-17 deal with the enforcement of right to possession, offenses and penalties for
obstructing any officer in carrying out their duties under this Act, or in interfering with any mark
made under section 2.
Section 18 states that notices and declarations are to be served by post, or by hand to some
person on the land or premises, or by fixing it to some conspicuous part of the land or premises.
The Registration of Titles Act CAP 230, 1924

Including The Land (Amendment) Act, 2004 and Statutory Instrument 230-1 The Registration of
Titles (Attestation of Documents) (Authorised Witnesses) Instrument.
An Act relating to the transfer of land and registration of titles.
This act mostly relates to the responsibilities of the Commissioner for Land Registration, and any
assistant commissioner, registrars etc as he or she may authorise, and the processing of land
titles.
Section 131 states that the registrar shall not register any instrument dealing with an official estate
or part of an official estate without the consent of the proper authority and of the Commissioner of
Lands and Surveys, which must be endorsed on the instrument or otherwise evidenced in writing.
Section 134 deals with succession on death.
Section 149 allows for a survey and plans to be made and lodged in relation to any application
made on land, showing the boundaries and abuttals. The cost of the survey is to be borne by the
applicant or registered proprietor, to be decided by the registrar.
Section 150 requires that all surveys required by the registrar shall be made in accordance with the
requirements of the Commissioner of Lands and Surveys, and no plans shall be accepted by the
registrar unless they have been authenticated by the signature of the commissioner or someone
authorised by him or her in writing.

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Section 202 requires any notice under the Act to be served or given by letter posted to the person
concerned at the address for service (as recorded in the Register Book) or their last known place
of abode. The Registrar shall file a memorandum of any notice served as proof that the notice was
sent.
SI 230-1 states that any licensed surveyor of Uganda, or any person employed as a clerk to a
practising advocate of Uganda or to a licensed surveyor or in the service of the Government of
Uganda, and approved by the registrar of titles is authorised to be a witness for the attestation of
instruments.
The Roads Act CAP 358, 1949

Including Statutory Instrument 358-1 The Roads (Road Reserves) (Declaration) Instrument [not
dated].
An Act to provide for the establishment of road reserves and for the maintenance of roads.
The Act allows the Minister to declare, by statutory instrument, an area bounded by imaginary lines
parallel to the centreline of a road to be a road reserve, which prevents any person (except with
written permission of the road authority) to erect any building or plant any tree or permanent crops
within a road reserve.
It also makes provision for prescribing building lines with reference to a distance from the road
centreline within which no buildings may be erected, and for the removal of any plants or buildings
that may interfere with the proper functioning of the road (including drainage and sight line
provisions) or its maintenance.
The Act also allows for the road authority to remove materials for construction or maintenance from
within the road reserve without the need for any compensation payments.
The statutory instrument defines the road reserve as:
50 ft [15m] from the centreline for all roads listed in Schedule 1, which includes all roads
maintained by the Government and some roads maintained by local governments in certain
districts.
33 ft [10m] from the centreline for all roads listed in Schedule 2, which includes the roads
maintained by local governments not included in Schedule 1.
Whilst the Act allowed for the road reserve boundary to be not more than 50 ft, the statutory
instrument states that it shall be at a distance of 50/33 ft, in effect removing the flexibility for
reduced boundaries to be set where appropriate (for example in urban areas).
In reality, the Road Reserve Act has not been enforced and significant encroachment has occurred
in places. This is partly due to lack of awareness resulting from elapsed time, a lack of physical
markers demarcating the road reserve boundary and poor maintenance of the road reserve. It is
generally accepted that whilst compensation was paid to owners / occupiers within the road

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reserve when it was brought under this Act, this occurred decades ago and compensation for any
acquisition or activities that may cause damage to property within the road reserve should be paid
in accordance with the relevant laws of Uganda.
The Survey Act CAP 232, 1939

An Act to provide for and regulate the survey of lands.
Section 1 states that unless the context requires otherwise, surveyor means a land surveyor.
Section 2 states that the commissioner for lands and surveys may authorise the carrying out of any
land survey provided that a notice specifying the local limits of the area affected is published in the
Gazette. The government surveyors are responsible for controlling and carrying out any survey
under this section.
Section 3 allows for the Minister to order a survey of a special nature to be carried out and appoint
an officer to control the survey. Every such order shall be published in the Gazette and shall
specify the nature and purpose of the survey, the location of the survey and the provisions of the
Act applicable to the survey.
Sections 4-18 of The Survey Act provides for the establishment and management of a Surveyors
Licensing Board, which is replaced by the Surveyors Registration Act. Combining the two acts
implies that a Registered Surveyor has the authority to act as a land surveyor in Uganda [as a duly
authorised officer and has the same rights of access as if they were a government surveyor].
Section 19 states that, where a survey is authorised under the Act, any government surveyor or
duly authorised officer and assistants may enter upon any land and make all inquiries and do or
cause to be done all things necessary for effecting the survey.
Section 21 allows a government surveyor to serve a notice on any person with an interest in the
land or the use of the land to attend a meeting to point out the boundaries of the land, to provide
assistance for the establishment or repair of any boundary marks, or to provide any other
information as necessary for the purposes of the survey.
Section 22 allows a government surveyor to serve notice on any owner or occupier of land to clear
any boundary or other line by cutting down or removing trees, crops, fences etc, to assist the
survey.
Section 23 allows for the assessment of damage by a government surveyor and for compensation
to be paid, except where clearance is to access boundary markers that have previously been
cleared under this Act, and where the survey was carried out on request of a private party (who
therefore has liability for any compensation).
Section 24 allows for a government surveyor to issue a notice calling upon any person to attend
and give any information respecting the boundaries of any land. The notice legally binds the
individual at attend as required and give such information is they are able.

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Section 25 requires a government surveyor to mark out the boundaries of the land.
Section 26 requires the owner of any land to maintain any survey or boundary mark lawfully
erected on their land, and to keep the mark clear of plant growth.
Section 31 states that any person who wilfully obstructs or hinders or resists an government
surveyor or worker aiding a surveyor in executing his or her duty relating to the surveys commits
an offence and is liable on conviction to a fine.
The Surveyors Registration Act CAP 275, 1974

An Act to provide for the establishment of a Surveyor Registration Board, to define the
powers and functions of the board, to provide for the registration of surveyors and for other
matters connected therewith.
This Act is to be read as one with the Survey Act, but replacing an provisions relating to the
surveyors licensing board. Surveyors includes land surveyors, quantity surveyors, building
surveyors, mining and hydrological surveyors, valuation surveyors, land agents and other
professionals responsible for the management of land or buildings.
The Act provides for a Surveyors Registration Board to be established to regulate and control the
profession of surveyors and the activities of registered surveyors in Uganda. This includes
maintaining a register of surveyors. A person not ordinarily resident in Uganda may apply for
temporary registration to undertake specific work.
Other Relevant Legislation

The Access to Roads Act CAP 350, 1969
An Act to provide for the procedure by which a private landowner who has no reasonable means of
access to a public highway may apply for leave to construct a road of access to a public highway
and for other purposes connected therewith.
The implication of this act is that where land acquisition will affect an existing access to the project
road, this access needs to be maintained and / or reinstated. This should be identified as a
mitigation measure.
The Local Governments Act CAP 243, 1997
Including Amendments in 2001, 2005 and 2006 (5 amendments in total)
An Act to amend, consolidate and streamline the existing law on local governments in line with the
Constitution to give effect to the decentralisation and devolution of functions, powers and services;
to provide for decentralisation at all levels of local governments to ensure good governance and
democratic participation in, and control of, decision making by the people; to provide for revenue
and the political and administrative setup of local governments; and to provide for election of local
councils and for any other matters connected to the above.

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Identifies the District Chairperson as the political head of local government (equivalent in cities is
Mayor). Allows for Ministers to delegate functions, powers and responsibilities to a local
government council.
Identifies the District Council as being the District Planning Authority, with responsibility for
preparing and approving development plans in the district. A district technical committee shall be
chaired by the Chief Administrative Officer and supported by a planning unit, and shall assist in the
preparation of sectoral plans.
Allows local councils to make bye-laws, including the establishment of building lines.
The head of the district service commission is the Chief Administrative Officer, who is the head of
the public service of the district, head of the administration of the district council, and the
accounting officer of the district. He or she is responsible for supervising, monitoring and
coordinating activities within the district and for liaising between the district council and the
Government.
To ensure implementation of national policies and adherence to performance standards on the part
of local governments, Ministries shall inspect, monitor and, where necessary, offer technical
advice, support, supervision and training within their respective sectors.
Includes provision for paying allowances to local government councillors, members of the district
service commission, and all local government committees or boards. These include:
Night allowance, safari day allowance, transport allowance, sitting allowance.
The Town and Country Planning Act CAP 246, 1951

An Act to consolidate the provisions for the orderly and progressive development of land, towns
and other areas, whether urban or rural.
With respect to the road sector, critical aspects of this legislation pertain to the declaration of
planning areas and accompanying measures. These are set out in Part II of the Act which also
defines the strict planning controls that cover an area covered by the declaration.
Section 5, subsection 7, states when an area has been declared a planning area under this
section, the value of any building or land in that area, shall for the purposes of determining the
amount of compensation payable under this Act, be deemed to be the value of the building or land
on the day twelve months immediately prior to the declaration together with the value of any
improvements and alternations carried out during those 12 twelve months and subsequently
approved by the board.
Section 6 states that in any area which is a planning area within the meaning of this Act; and in
respect of which no outline scheme is in force, no person shall erect any building or carry out any
development of land without the permission of the committee. The planning committee or planning
committees (Section 9), shall guide the board in the direction and nature of development within the
planning area. This includes the preparation of an outline scheme. Every outline scheme shall
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specify and define clearly the area to which it relates and shall include a plan in which shall be
shown the extent of the scheme and such other matters as can included.
The board, known as the Town and Country Planning Board, consists of nine members appointed
by the Minister of whom four should be people not employed in the public service.
When an outline scheme or detailed scheme as been brought into effect, on the advice of the
board in an in accordance with the enactment, the designated authority may enquire any land in
the planning area required for roads and other infrastructure (Section 16).
The Act also sets out detailed specification with respect to compensation: Key aspects are those
detailed in Sections 17 and 18. These include the provision that no compensation shall be payable
in respect of any building the erection of which was begun after the date of publication of the order
of a planning areaunless, the erection was begun in accordance with the permission of the board
of a committee of local authority.
Schedule II, Part I of the Act lists outline and detailed schemes with respect to roads. These are:
Providing for the reservation of land for roads, the construction of new roads, improvement
of existing roads, establishment for public rights of way.
Providing for the closing or diversion of existing roads and public and private rights of way
and traces.
Restricting and controlling the construction of new roads and the alteration of existing roads
whether by the board or wonders.
Regulating the line, width, level, construction and general dimensions and character of
roads, whether new or existing.
Enabling the board to require an owner of land as a condition of his or her developing the
land in any manner to reserve land for such streets or roads as the board may think
necessary; to contribute to the cost of the construction of new streets of roads or the
improvement of existing streets or roads; to make provision of accommodation for parking,
loading, unloading or refuelling vehicles; to surrender a portion of land for streets or roads
to provide sufficient space for traffic likely to arise from the use to which land is put or the
increased floor space to be provided.
Providing for and generally regulating the constriction or execution whether by the board or
by owners of works incidental to the making of improvement, of any road including the
erection of shelters, provision of seats, planting or protecting of grass, trees, shrubs.
The Physical Planning Bill, 2008, Memorandum

A Bill for an Act to provide for the establishment of a National Planning Board; to provide for the
composition, functions and procedures of the Board; to establish district and urban physical

Page 48

planning committees; to provide for the making and approval of physical development plans and
for the applications for development permission and; for related matters.
The policy behind the Bill is to consolidate the law on physical planning, recognising that the Town
and Country Planning Act, Cap 246 which was enacted in 1951 and described above is outdated.
Crucially, Part I of the Bill, Clause 4, declares the whole country a planning area.
Part II details the National Physical Planning Board; clauses 4-9 define its composition and
functions.
Part III provides for a decentralised approach to planning and development control, with the
establishment of district, urban and local planning committees. Clause 10 establishes the district
physical planning committee, while clause 11 defines its functions, which include the inclusion of
social, economic and environmental plans into the preparation of local physical development plans.
Part IV provides for the national physical plan, with which all other development plans shall
conform.
Part V of the Bill, in clauses 33-41 deals with the control of development. Under clause 33, each
local physical planning committee of a lower local government shall have powers to prohibit or
control the use and development of land and buildings in the interests of the proper and orderly
development of its area. Clause 34 prohibits a person from carrying out a development within a
planning area without obtaining development planning permission from a physical planning
committee. Clause 41 provides that an application for development permission within a planning
area where there is no approved physical development plan shall be submitted to the local physical
development committee for consideration.
Part VII General Provisions, includes clause 47 which provides for enforcement notice; it requires
a local physical planner to serve an enforcement notice on an owner, occupier or developer of
land, where the committee is satisfied that the development of land is being carried out without the
required development permission, or that any of the conditions of the development permission
have not been complied with.
Other
The Estates of Missing Persons (Management) Act CAP159-1973
The Illiterates Protection Act CAP 78, 1918
The National Records and Archives Act 2001
The Public Finance and Accountability Act 2003
The Public Health Act CAP 281, 1935
The Public Procurement and Disposal of Public Assets Act 2003

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Appendix B. Institutional Framework
B.I) Ministry of Lands, Housing and Urban Development

The Ministry of Lands, Housing and Urban Development (MLHUD) is responsible for providing
policy direction, national standards and the coordination of all matters concerning lands, housing
and urban development. At a technical level, the MLHUD is divided into the following Divisions
and Departments:
Directorate of Lands, MLHUD
(i)
Department of Lands and Surveys
Geodesy, Surveys and Mapping Division
Under the Commissioner for Lands and Surveys, government surveyors and staff within the
division are responsible for the establishment of survey controls, survey of international boundaries
and the production and printing of maps.
Land Inspection Division
Under the Commissioner for Lands and Surveys, is responsible for supervision of land
administration institutions.
(ii) Department of Land Registration and Valuation, MLHUD
Land Registration Division
Under the Commissioner for Land Registration, the division is responsible for policymaking,
standard setting, national planning, regulation, coordination, inspection, monitoring and back-up
technical support relating to land registration and the acquisition processes
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Valuation Division
The Chief Government Valuer (CGV) is responsible for standard setting, regulation, coordination,
inspection, monitoring and back-up technical support relating to valuation of land and other
properties. Specifically, the CGVs responsibilities include guiding the valuation process,
approving compensation principles and ascertaining compensation rates.
(iii) Physical Planning Department
Under the Commissioner for Physical Planning, the Physical Planning Department is responsible
for policymaking, standard setting, national planning, regulation, coordination, inspection,
monitoring and back-up technical support relating to urban and regional planning. With specific
reference to the land acquisition process, the Department is responsible for the declaration of the
development area and enforcing the provisions of the Town and Country Planning Act CAP 246.
B.II) Uganda Land Commission

Article 239 of the Constitution: Land vested in or acquired by the Government of Uganda shall be
held and managed by the Uganda Land Commission.
Land Act section 49 states the functions of the Uganda Land Commission are to hold and manage
any land in Uganda which is vested in or acquired by the Government in accordance with the
Constitution, and they are responsible for procuring the certificates of title for any such land.
B.III) District Level Institutions

Article 176 of the Constitution defines the system of local government in Uganda, based on the
district as the unit under which local government and administrative units may by law apply. Under
the constitution a very significant number of functions are devolved to local governments; this
includes all basic service functions alongside physical planning.
Chief Administrative Officer
Article 188 makes provision for the appointment a Chief Administrative Officer (CAO). The role of
the CAO is defined in Section 64 of the Local Government Act as being the head of the public
service in the district; acting as the head of the administration of the District Council and being the
accounting officer for the district. Key responsibilities include (but are not restricted to):
Responsibility for the implementation of all lawful decisions taken by the District Council;
Give guidance to local government councils and their departments in the application of laws
and policies;
Supervise, monitor and coordinate the activities of the district and lower councils
employees and
Supervise and coordinate the activities of all delegated services and officers working in
those services.

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District Land Office

Land Act section 59 states that each district shall have a District Land Office which shall provide
technical services through its own staff, or arrange for external consultants to the board. These
technical officers shall assist the District Land Board to prepare a list of compensation rates.
The District Land Office shall comprise the offices of the district physical planner, the district land
officer, the district valuer, the district surveyor and district registrar of titles.
District Land Board
Article 241 of the Constitution: Any land in a district that is not owned by any person or authority
shall be held and allocated by a District Land Board, which is also responsible for facilitating the
registration and transfer of interests in land and dealing with all other matters connected with land
in the district. The District Land Boards are independent of the Uganda Land Commission.
Land Act section 59 states the functions of the District Land Boards are to:
hold and allocate land in the district which is not owned by any person or authority;
facilitate the registration and transfer of interests in land;
cause surveys, plans, maps, drawings and estimates to be made by or through its officers
or agents;
compile and maintain a list of rates of compensation payable in respect of crops, buildings
of a non-permanent nature and any other thing that may be prescribed;
review every year the list of rates of compensation above; and
deal with any matter which is incidental or connected with these functions.
In compiling the list of compensation rates, the board shall consult the technical officers in the
District Land Office.
Land Act section 64 states that a District Council may appoint a Land Committee at the sub-county
or division level, to assist in land issues at the local level, in particular the recording of customary
ownership.
Land Tribunals
Article 243 of the Constitution: Land Tribunals shall have jurisdiction to determine disputes relating
to the grant, lease, repossession, transfer or acquisition of land by individuals, the Uganda Land
Commission or other authority with responsibility relating to land; and to determine disputes
relating to the amount of compensation to be paid for land acquired.
Part V of the Land Act details the composition, procedures and standards to be adopted by Land
Tribunals. In addition to reaffirming Article 243 of the Constitution, Section 76 of the Land Act
states that in the exercise of jurisdiction over land matters, a district land tribunal shall have all the
powers of a magistrates court grade I.

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Each district land tribunal shall have a secretary who shall be a public officer qualified or
knowledgeable in land matters who will be responsible for the registry of the land tribunal and other
functions as required. Section 80 and 81 of the Act state that each sub-county and gazetted urban
area shall have a land tribunal consisting of a chairperson and two other members.

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Appendix C. Standard Forms and Templates

The following standard forms shall be used in carrying out work under this LAMS. These are
available from the Land Acquisition Specialist at UNRA.
Reference
LA.01
LA.02a
LA.02b
LA.03
LA.04
LA.05
LA.06
LA.07
LA.08
LA.09
LA.10
LA.11
LA.12
LA.13
LA.14
LA.15
Description
Initial Assessment Template
Valuation Assessment Form
Early Warning of Residual and
Marginal Land Record Sheet
Valuation Schedule
Valuation Report Template
Identify Verification Form
Record
of
Appeal/Name
Confirmation Form
Payment Receipt Form
Title
Transfer
Form
Unregistered Plots
Accountability Report Template
Audit Report Form
Non-Conformance Report
Model Terms of Reference
Schedule of Rates
Inception Report Template
Progress Report Template
Current Version Date

14 April 2009
14 April 2009
14 April 2009
14 April 2009
14 April 2009
14 April 2009
14 April 2009
14 April 2009
20 April 2009
14 April 2009
15 April 2009
21 April 2009
21 April 2009

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Appendix D. Donor Requirements

This appendix describes the specific requirements for each international donor involved in funding
works on UNRA managed roads.
D.I) World Bank (WB)

World Bank Operational Policy, OP 4.12, sets out the Banks approach and requirements with
respect to involuntary resettlement. The overall objectives of the policy are:
To avoid or minimise adverse impacts and to conceive and execute resettlement activities
as sustainable development programmes;
To give displaced persons opportunities to participate in the design and implementation of

resettlement programmes and
To assist displaced persons in their efforts to improve their livelihoods and standards of
living, or at least restore these to pre-project levels.
OP 4.12 applies to all involuntary land acquisition and applies regardless of the number of
people affected; whether or not they will benefit from the acquisition and whether or not they
are satisfied with the provisions for compensation, relocation or rehabilitation as relevant.
Specifically, the policy covers direct economic and social impacts caused by:
Relocation and loss of shelter,
Loss of assets or access to assets; or
Loss of income sources or means of livelihood, whether or not the affected persons
must move to another location.
OP 4.12 does not apply if land is acquired through voluntary sale at market price.
All projects covered by OP 4.12 require a resettlement plan (RP), however, the scope and
level of detail of the resettlement plan vary with the magnitude and complexity of resettlement
(OP 4.12, Annex A para 2.) A full RP is required at the feasibility stage when ever land
acquisition in a project affects more than 200 people, takes more than 10% of any holding and,
involves physical relocation of population (OP 4.12, para 25, Figure 2.1). An abbreviated RP is
acceptable if fewer than 200 people are displaced. Even if more than 200 people are affected,
if land take is minor (i.e less than 10%) and no physical relocation is involved, an abbreviated
RP is acceptable.
The policy provides some guidance on the content of an abbreviated plan (OP 4.12, para 22); it
should cover as a minimum:
A census survey of displaced persons and value of assets;

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Description of compensation and other resettlement assistance to be provided;
Consultations with displaced people about acceptable alternatives;
Institutional responsibility for implementation and procedures for grievance redress;

arrangements for monitoring and implementation; and
A timetable and budget.
If any of those displaced are losing more than 10% of their productive assets or require physical
relocation, the plan will also include a socioeconomic survey and income restoration measures.
With specific reference to the road sector, the supporting World Bank Involuntary Resettlment
Source Book notes that in the identification of PAPS, that the corridor of impact includes the
immediate safety zone and any other areas that impact indirectly on peoples livelihoods that is to
say that the corridor of impact may be wider than the legal right of way (ROW).
Note that the component parts of the Abbreviated Plan are the same as those for the LAMS Initial
assessment.
D.II) European Union (EU)

The EU has no formal policy or guidelines with respect to involuntary resettlement. The use of
local systems and procedures is encouraged; where these are no present, international best
practice should be applied, i.e WB OP 4.12.
The EU Environmental Integration Manual Sector Guide for Roads, does however, state the
following:
Where people and their property has to be acquired, appropriate compensation should be offered.
Resettlement plan should be based on full consultation and participation by communities to be
moved and those to be affected by relocation proposals. All communities should be considered
including those without land title.
D.III) African Development Bank (AfDB)

The requirements of the African Development Bank (AfDB) are set out in the Involuntary
Resettlement Policy of 2003. The policy mirrors that of the World Bank described above, with a
similar set of objectives and guiding principles. The Policy covers economic and social impacts
associated with Bank financed projects involving involuntary acquisition of land or other assets
which results in:
a) Relocation or loss of shelter by the persons residing in the project area;
b) Loss of assets or involuntary restriction of access to assets including national parks, protected
areas or natural resources; or
c) Loss of income sources or means of livelihood as a result of the project, whether or not the
affected persons are required to move (para 3.4.1).

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The Policy recognises both the rights of those with legal and customary title and those without, in
so far as they occupied the project area prior to a cut off date established by the borrower and
acceptable to the bank.
The policy requirements match those of the WB: a resettlement plan is required wherever
involuntary resettlement takes place. A full resettlement plan should be undertaken if more than
200 people are displaced or where significant adverse impacts are identified. If less than 200
people are displaced an abbreviated plan should be undertaken. See WB above for requirements.
D.IV) Japan Bank for International Cooperation (JBIC) and Japan

International Cooperation Agency (JICA)
JICA resettlement policy is set out in the Japan International Cooperation Agency Guidelines for
Environmental and Social Considerations. (JICA April 2004). Appendix 1, Section 6, establishes
the requirements of recipient countries with respect to Involuntary Resettlement which are based
on the principles established in WB OP 4.12. These are as follows:
1. Involuntary resettlement and loss of means of livelihood are to be avoided where feasible,
exploring all viable alternatives. When, after such examination, it is proved unfeasible, effective
measures to minimize impact and to compensate for losses must be agreed upon with the people
who will be affected.
2. People to be resettled involuntarily and people whose means of livelihood will be hindered or
lost must be sufficiently compensated and supported by project proponents, etc., in a timely
manner. Project proponents must make efforts to enable people affected by projects to improve
their standard of living, income opportunities and production levels, or at least to restore them to
pre-project levels. Measures to achieve this may include: providing land and monetary
compensation for losses (to cover land and property losses), supporting means for an alternative
sustainable livelihood, and providing expenses necessary for relocation and the re-establishment
of communities at resettlement sites.
3. Appropriate participation by affected people and their communities must be promoted in the
planning, implementation, and monitoring of involuntary resettlement plans and measures against
the loss of their means of livelihood.

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Uganda National Roads Authority

Land Acquisition Management System

LAND ACQUISITION MANAGEMENT SYSTEM

Uganda National Roads Authority

Version: 13 June 2009

Uganda National Roads Authority

Land Acquisition Management System

4. Measurement, Analysis, Improvement

LP1. Preliminary Valuation

LP2. Survey and Valuation

LP3. Compensation and Expropriation

LP4. Quality Management

LP5. Resource Management

C. Standard Forms / Templates

Part B: Detailed Procedures

Summary of Most Recent Revision:

Version: 13 June 2009

Uganda National Roads Authority

Land Acquisition Management System

Part A: Quality Management for Land Acquisition ........................................................ 1

Purpose and Feedback....................................................................................................2

Structure of the LAMS......................................................................................................3

Quality Management ..............................................................................................................3

Quality Policy ...................................................................................................................3

Control of LAMS Documents and Records.......................................................................6

Management Responsibility ..................................................................................................6

Management Responsibility .............................................................................................6

Responsibility, Authority, Communication ........................................................................7

Management Review .......................................................................................................8

Measurement, Analysis, Improvement .................................................................................8

Part B: Detailed Procedures for Land Acquisition ...................................................... 10

LP1.1. Desk Study ....................................................................................................................14

Uganda National Roads Authority

Land Acquisition Management System

LP1.7. Cost Estimates...............................................................................................................19

Survey and Valuation....................................................................................................21

LP2.1. Review Initial Assessment .............................................................................................22

Compensation and Expropriation of Land ..................................................................26

LP3.1. Review and Update Valuation Report ............................................................................27

Quality Management .....................................................................................................30

LP4.1. Maintain LAMS ..............................................................................................................30

Resource Management .................................................................................................34

Part C: Appendices ........................................................................................................ 37

Policy and Legal Framework .............................................................................38

Policy Framework ..........................................................................................................38

Legal Framework ...........................................................................................................39

Institutional Framework ..................................................................................... 50

Ministry of Lands, Housing and Urban Development......................................................50

Uganda Land Commission.............................................................................................51

District Level Institutions ................................................................................................51

Standard Forms and Templates ........................................................................54

Donor Requirements .......................................................................................... 55

Version: 13 June 2009

Uganda National Roads Authority

Land Acquisition Management System

World Bank (WB) ...........................................................................................................55

European Union (EU).....................................................................................................56

African Development Bank (AfDB) .................................................................................56

Version: 13 June 2009

Uganda National Roads Authority

Land Acquisition Management System

Abbreviations and Glossary

Community Based Organisation

Commissioner for Land and Surveys