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Allocation of Public Land

Section 12 of the Land Act provides that The Commission may, on behalf of the National or county
governments, allocate public land by way of:

Public auction to the highest bidder at prevailing market value subject to and not less than the reserved
price;

Application confined to a targeted group of persons or groups in order to ameliorate their


disadvantaged position;

Public notice of tenders as it may prescribe;

Public drawing of lots as may be prescribed;

Public request for proposals as may be prescribed; or

Public exchanges of equal value as may be

The Act goes on to further specifically state that the Commission shall ensure that any public land that
has been identified for allocation does not fall within any of the following categories:

Public land that is subject to erosion, floods, earth slips or water logging;

Public land that falls within forest and wild life reserves, mangroves, and wetlands or fall within the
buffer zones of such reserves or within environmentally sensitive areas;

Public land that is along watersheds, river and stream catchments, public water reservoirs, lakes,
beaches, fish landing areas riparian and the territorial sea as may be prescribed;

Public land that has been reserved for security, education, research and other strategic public uses as
may be prescribed; and

Natural, cultural, and historical features of exceptional national value falling within public lands;

Reserved land; or

Any other land categorized as such, by the Commission, by an order published in the Gazette.

Procedure for Acquiring Title after Allocation of Public Land

STEP1: Director of Physical Planning prepares a plan creating plots for allocation for various users.
STEP 2: Director of Surveys or private surveyor surveys the land and produces survey plan and
numbering of land parcels.

STEP 3: Director of Physical Planning in conjunction with the national land commission and other
regulatory agencies prepare development guidelines for the area.

STEP 4: The National Land Commission (NLC) advertises the plots for allocation or vets targeted allottees
in case of special cases.

STEP 5: National Land Commission oversees the allocation of the plots to individuals using a fair and just
processes.

STEP 6: The National Land Commission issues letters of allotment to qualified allottees.

STEP 7: National Land Commission prepares lease documents and executes lease documents on behalf
of the National or County Government.

STEP 8: The lease document is forwarded to the district land registrar for registration and issuance of
certificate of lease to the allottee.

Acquisition of title after allocation of public land can be a long and tedious process. Below we provide
steps to be followed while processing your title for public land allocated to you.

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