Solomon Islands 1978 Constitution (reviewed 2018)

CHAPTER XI. LAND

110. Land

The right to hold or acquire a perpetual interest in land shall vest in any person who is a Solomon Islander and only in such other person or persons as may be prescribed by Parliament.

111. Non-customary land

Parliament may, in regard to land which has ceased to be customary land:—

1. provide for the conversion into a fixed-term interest of any perpetual interest in such land held by a person who is not entitled under the preceding section to hold such a perpetual interest;
2. provide for the compulsory acquisition where necessary of such land or any right over or interest in such land;
3. prescribe the criteria to be adopted in regard to the assessment and payment of compensation for such conversion or compulsory acquisition (which may take account of, but need not be limited to, the following factors: the purchase price, the value of improvements made between the date of purchase and the date of acquisition, the current use value of the land, and the fact of its abandonment or dereliction).

112. Customary Land

Parliament shall provide, in relation to any compulsory acquisition of customary land or any right over or interest in it, that:—

1. before such land is compulsorily acquired, there shall be prior negotiations with the owner of the land, right or interest;
2. the owner shall have a right of access to independent legal advice; and
3. so far as practicable the interest so acquired shall be limited to a fixed-term interest.

113. Savings and interpretation

1. Nothing in this Chapter shall be construed as enabling Parliament to make any provision which is inconsistent with the provisions of Section 8(1)(c) of this Constitution.
2. In this Chapter “Solomon Islander” has the same meaning as in the Land and Titles Ordinance.