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Why the requirement to surrender private land may be unconstitutional
Looking at the related constitutional provisions and those in the Land Act, one gets the impression that the planning provisions requiring a proprietor to surrender land for free may not be justifiable.
In the first part of this discussion, I highlighted that the 2021 regulations to the Physical and Land Use Planning Act require that land be surrendered for open spaces, amenities and recreational facilities at no cost in development proposals submitted on subdivision and amalgamation.
The regulations further require that the land surrendered be utilized for the planned purpose and be registered in the name of the County Government, or the Cabinet Secretary responsible for matters on finance, where the national jurisdiction pertains.
