In briefProperty cannot be compulsorily taken or acquired unless it is necessary in the public interest, with prompt and adequate compensation and a right to go to court.
No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-
No property of any kind may be compulsorily taken possession of, and no interest in or right over property of any kind may be compulsorily acquired, unless all of the following conditions are met:
the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of any property in such manner as to promote the public benefit or the economic well-being of the community; and
the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning, or the development or use of any property in a way that promotes the public benefit or the economic well-being of the community; and
the necessity thereof is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and
the need for it is great enough to reasonably justify any hardship that may result to any person with an interest in or right over the property; and
provision is made by a law applicable to that taking of possession or acquisition-
a law that applies to that taking of possession or acquisition provides:
for the making of prompt and adequate compensation in the circumstances; and
for prompt and adequate compensation in the circumstances; and
securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation; and
for any person with an interest in or right over the property to have a right of access to the Supreme Court, either directly or on appeal from another authority, to decide their interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation they are entitled to, and to obtain prompt payment of that compensation; and
any party to proceedings in the Supreme Court relating to such a claim is given by law the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
any party to proceedings in the Supreme Court about such a claim is given by law the same rights of appeal as parties generally have in civil proceedings in that Court sitting as a court of original jurisdiction (a court hearing a case for the first time).
Nothing in this Article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property-
Nothing in this Article affects the making or operation of any law so far as it provides for taking possession of or acquiring property:
in satisfaction of any tax, rate or due;
to pay off any tax, rate or due;
by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of The Bahamas;
as a penalty for breaking the law, whether through civil process or after conviction for a criminal offence under the law of The Bahamas;
as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
as part of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
upon the attempted removal of the property in question out of or into The Bahamas in contravention of any law;
when someone tries to move the property out of or into The Bahamas in breach of any law;
by way of the taking of a sample for the purposes of any law;
by taking a sample for the purposes of any law;
where the property consist of an animal upon its being found trespassing (g) in the execution of judgments or orders of courts;
where the property is an animal that is found trespassing or straying; (g) in carrying out judgments or orders of courts;
by reason of its being in a dilapidated or dangerous state of injurious to the health of human beings, animals or plants;
because it is in a dilapidated (run-down) or dangerous state, or is harmful to the health of people, animals or plants;
in consequence of any law making provision for the validation of titles to words) the confirmation of such titles, or for the extinguishment of adverse claims, or actions,
as a result of any law that validates titles to land or (without limiting that) confirms such titles, that extinguishes adverse claims (cancels competing claims to the property), or that deals with prescription (acquiring rights through long use) or time limits on bringing legal actions;
for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon-
for only as long as is necessary for any examination, investigation, trial or inquiry, or, in the case of land, for carrying out on the land:
of work or reclamation, drainage, soil conservation or the conservation of other natural resources; or
work of reclamation, drainage, soil conservation or the conservation of other natural resources; or
of agricultural development or improvement that the owner or occupier of the land has been required, and has without reasonable and lawful excuse, refused or failed to carry out; or
agricultural development or improvement that the owner or occupier of the land was required to carry out and, without reasonable and lawful excuse, refused or failed to carry out; or
to the extent that the law in question makes provision for the vesting or taking of possession or acquisition or administration of-
to the extent that the law provides for the vesting (transfer of legal ownership), taking of possession, acquisition or administration of:
enemy property;
enemy property;
property of a deceased person, a person of unsound mind of a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
the property of a deceased person, a person of unsound mind, or a person under twenty-one years of age, so that it can be administered for the benefit of the people entitled to the beneficial interest in it;
property of a person adjudged insolvent or a defunct company that has been struck off the Register of Companies, of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of that insolvent person or body corporate and, subject thereto, for the benefit of other person entitled to the beneficial interest in the property; or
the property of a person judged insolvent, or of a defunct company that has been struck off the Register of Companies, or of a body corporate in liquidation, so that it can be administered for the benefit of the creditors of that insolvent person or body corporate and, after that, for the benefit of the other people entitled to the beneficial interest in the property; or
property subject to a trust, for the purpose of vesting the property creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
property subject to a trust, so that it can be vested in the people appointed as trustees under the instrument that created the trust or by a court, or, by order of a court, so that the trust can be given effect.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor of for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.
A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law provides for the orderly marketing, production, growing or extraction of any agricultural or fish product, mineral, water, or any article or thing prepared for market or manufactured for it, or for reasonable restrictions on the use of any property in order to safeguard the interests of others or to protect tenants, licensees or others with rights in or over that property.
Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest or right is held by a body corporate established directly by law for public purpose in which no monies have been invested other than monies provided by Parliament or by any Legislature established for the former Colony of the Bahamas Islands.
A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law provides for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no money has been invested other than money provided by Parliament or by any Legislature established for the former Colony of the Bahamas Islands.