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Constitution of Solomon Islands 1978, as amended to 2023
Property, Inheritance and Land Tenure
- EnglishWhereas every person in Solomon Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely:-
…
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 3)
Property, Inheritance and Land Tenure
- English
(1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
…
(4) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(5) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
…
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
…
(e) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
… (Sec. 15)7
Property, Inheritance and Land Tenure
- EnglishThe 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. (Sec. 110)
Property, Inheritance and Land Tenure
- EnglishParliament may, in regard to land which has ceased to be customary land:—
(a) 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;
(b) provide for the compulsory acquisition where necessary of such land or any right over or interest in such land;
(c) 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). (Sec. 111)
Property, Inheritance and Land Tenure
- EnglishParliament shall provide, in relation to any compulsory acquisition of customary land or any right over or interest in it, that:-
(a) before such land is compulsorily acquired, there shall be prior negotiations with the owner of the land, right or interest;
(b) the owner shall have a right of access to independent legal advice; and
(c) so far as practicable the interest so acquired shall be limited to a fixed-term interest. (Sec. 112)
1
Constitution of Solomon Islands 1978, as amended to 2018 (English); 2022 Amendment to the Constitution (English); 2023 Amendment to the Constitution (English). The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the Constitution of Solomon Islands 1978 (English).
2
The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.
3
The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.
4
Sections 3 to 16 are part of Chapter II on Protection of Fundamental Rights and Freedoms of the Individuals.
5
The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.
6
The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.
7
The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.
8
The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.