Organization : Lands & Survey Department
Facility : Compensation For Road Schemes
Country : Cayman Islands
Website : https://www.caymanlandinfo.ky/services/valuation/road-compensation
What is Compensation For Road Schemes?
The Valuation and Estates Office (VEO) within the Lands & Survey Department acts on behalf of the National Roads Authority (NRA) to assess, negotiate and settle compensation claims with landowners affected by new Road Schemes.
The department negotiates and settles claims with landowners affected by new road schemes in accordance with the Provisions of the Roads Act (2005 Revision). The information provided here and in the guide is for general reference only and should not be considered legal advice. Lands & Survey is not responsible for issues arising from the use of outdated printed versions of this information.
Guideline Road Compensations
Full guidelines in relation to claims and purchases of lands under the Road Law is available in the Guide to Compulsory Purchase and Compensation under the Roads Act (2005 Revision). Separate guidance is available on the Payment of Professional Fees. As part of proactive disclosure of documents that may be of public interest the following document have been released and are available via our Document Library.
If your land is affected by a new road scheme, here’s what you need to know:
Notification of the Proposed Road (Section 3):
** A Section 3 notice, published in the Gazette, shows the proposed road alignment. Once this is published affected landowners will be sent details of the scheme.
** Within 90 days of the publication date, you must complete a Notice of Intention to Make a Claim for Compensation (Form A).
Final Road Declaration (Section 5):
** The process concludes with a Section 5 notice and Prescribed Composite Map (PCM), which officially opens the road to the public.
** Your Claim for Compensation (Form B) must be submitted within one year of the Section 5 notice publication.
Legal Framework
All negotiations and settlements are carried out under the Roads Act (2005 Revision), which sets out the procedures and requirements for acquiring land for public roads.
Guidance on the payment of Professional Fees in relation to Compensation Claims under the Roads Law:
The Roads Law (2005 Revision) which governs compulsory acquisition and compensation relating to road schemes in the Cayman Islands, does not expressly state that the NRA are required to pay the claimant’s agent’s professional fees when acquiring land.
However, it has been recognized in the UK as a legitimate expense that arises as a direct result of the acquisition and should thus be allowed as an item of claim for compensation. So, persons whose land is subject to acquisition (under section 3 of the Road Law) are entitled, at their choosing, to appoint a professional advisor (‘the Agent’) to act on their behalf in the settlement of compensation claims. Professional fees which are reasonably incurred by the Agent in negotiating the claim will be reimbursed to the
Claimant as part of the compensation settlement. This Guidance sets out the terms and conditions of this reimbursement, and provides advice to both Claimants and Agents as to how the professional fees will be assessed and paid.