In a continued effort to boost food security, the Rwandan government has been urging landowners to either make productive use of their agricultural land or hand it over to those who can cultivate it.
According to a ministerial order relating to temporary requisition of land and termination of land ownership contract issued on July 11, 2024, any agricultural land of five hectares or more that remains unused can be temporarily requisitioned.
Article 5 of the order allows the City of Kigali or any district with legal status to request the Minister to seize such unexploited land if it has been idle for at least one year without a reasonable excuse. If local authorities have previously notified the landowner to utilize the land, and there has been no compliance without a valid reason, the land can be seized. However, it is crucial to have evidence that these notifications reached the landowner.
Before any seizure, a 90-day notice is given to the landowner. If the landowner presents a plan to use the land within a year or leases it to someone capable of productive use, the seizure is halted. The order specifies that the temporary seizure lasts for three consecutive years for agricultural or livestock land and ten years for forestry land from the date the Minister notifies the landowner.
The seized land is managed by the Ministry responsible for land, but the Minister can assign it to individuals who have the capability to use it productively. This delegation can also be done to improve someone's welfare upon request from the Mayor of the City of Kigali or the relevant district mayor.
Applicants seeking to utilize the requisitioned land must submit their plans to the City of Kigali or the district, demonstrating their technical and financial capability. They must also agree to compensate for any damage to existing property on the land. If the delegation aims to improve welfare, the government maintains the necessary infrastructure.
The order also allows landowners to terminate their land agreements if they no longer need the land. This can happen if the land is situated where basic infrastructure like roads, water, and electricity have been established, or where construction permits have been granted but the land remains unused for five consecutive years.
Additionally, land agreements can be terminated for land located in areas designated for land use and management plans or in model areas set by the Kigali City Council or district council.
Upon finding valid reasons for terminating a land agreement, the City of Kigali or the district submits a request to the Chief Registrar of Land Titles. If validated, the Chief Registrar issues a 90-day written notice to the landowner.
If the landowner fails to provide a valid reason for non-compliance within these 90 days, the agreement is terminated. The land is then assessed for value, and the new user compensates the former landowner for the infrastructure minus its cost. Subsequently, the land is registered in the new user's name.
IGIHE
Source : https://en.igihe.com/news/article/idle-land-requisition-what-you-need-to-know
