Protection from deprivation of property

Protection from deprivation of property

Constitution of Bahamas

Protection from deprivation of property.

27.- (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-

a) the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of any property in such manner as to promote the public benefit or the economic well-being of the community; and

b) the necessity thereof is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property ; and

c) provision is made by a law applicable to that taking of possession or acquisition-

i) for the making of prompt and adequate compensation in the circumstances ; and

ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation ; and

d) any party to proceedings in the Supreme Court relating to such a claim is given by law the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.

(2) Nothing in this Article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property-

a) in satisfaction of any tax, rate or due;

b) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of The Bahamas;

c) as an incident of a lease, tenancy, mortgage, charge, bill of sale,pledge or contract;

d) upon the attempted removal of the property in question out of or into The Bahamas in contravention of any law;

e) by way of the taking of a sample for the purposes of any law ;

f) where the property consist of an animal upon its being found trespassing or straying ;

g) in the execution of judgments or orders of courts ;

h) by reason of its being in a dilapidated or dangerous state of injurious to the health of human being, animals or plants ;

i) in consequence of any law making provision for the validation of titles to land of (without prejudice to the generality of the foregoing words) the confirmation of such titles, or for the extinguishment of adverse claims, or with respect to prescription or the limitation of actions ,

j) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon-

i) of work or reclamation, drainage, soil conservation or the conservation of other natura resources ; or

ii) of agricultural development or improvement that the owner or occupier of the land has been required, and has without reasonable and lawful excuse, refused or failed to carry out ; or

k) to the extent that the law in question makes provision for the vesting or taking of possession or acquisition or administration of-

i) enemy property ;

ii) property of a deceased person, a person of unsound mind of a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein ;

iii) property of a person adjudged insolvent or a defunct company that has been struck off the Register of Companies, of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of that insolvent person or body corporate and, subject thereto, for the benefit of other person entitled to the beneficial interest in the property ; or

iv) property subject to a trust, for the purpose of vesting the property in person appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law i question makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor of for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

(4) Nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest or right is held by a body corporate established directly by law for public purpose in which no monies have been invested other than monies provided by Parliament or by any Legislature established for the former Colony of the Bahama Islands.

Constitution of Bahamas


Chapter I - The Constitution


1. The State

2. The Constitution is supreme law

Chapter II - Citizenship


3. Persons who become citizens on 10th July 1973

4. Persons who become citizens on 9th July 1974

5. Persons entitled to be registered as citizens

6. Persons born in The Bahamas after 9th July 1973

7. Persons born The Bahamas after 9th July 1973 of non-citizen parents

8. Persons born outside The Bahamas after 9th July 1973

9. Further provisions for persons born outside The Bahamas after 9th July 1973

10. Marriage to citizens of The Bahamas

11. Deprivation of citizenship

12. Renunciation of citizenship

13. Power of Parliament

14. Interpretation

Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual


15. Fundamental rights and freedoms of the individual

16. Protection of right to life

17. Protection from inhuman treatment

18. Protection from slavery and forced labour

19. Protection from arbitrary arrest or detention

20. Provisions to secure protection of law

21. Protection for privacy of home and other property

22. Protection of freedom of conscience

23. Protection of freedom of expression

24. Protection of freedom of assembly and association

25. Protection of freedom of movement

26. Protection from discrimination on the grounds of race, etc.

27. Protection from deprivation of property

28. Enforcement of fundamental rights

29. Provisions for time of war or emergency

30. Saving of existing law

31. Interpretation

Chapter IV - The Governor-general


32. Establishment of office of Governor-General

33. Acting Governor-General

34. Deputy to Governor-General

35. Personal staff of Governor-General

36. Public Seal

37. Oaths to be taken by Governor-General

Chapter V - Parliament


Part 1 - Composition of Parliament


38. Establishment of Parliament

Part 2 - The Senate


39. Composition of Senate

40. Purpose of appointment of certain Senator

41. Qualifications for appointment as Senator

42. Disqualifications for appointments as Senator

43. Tenure of office of Senators

44. President and Vice-President

45. Determination of questions as to membership

Part 3 - House of Assembly


46. Composition of House of Assembly

47. Qualifications for membership of House of Assembly

48. Disqualifications for election as members of House of Assembly

49. Tenure of office of Members of House of Assembly

50. Speaker and Deputy Speaker

51. Determination of questions as to membership

Part 4 - Powers and Procedure of Parliament


52. Powers and Procedure of Parliament

53. Privileges of Parliament

54. Alteration of this Constitution

55. Regulation of procedure in Parliament

56. Presiding in the Senate and House of Assembly

57. Quorum

58. Voting

59. Introduction of Bills, etc

60. Restriction on powers of Senate as to Money Bills

61. Restriction on powers of Senate as to Bills other than Money Bills

62. Provisions relating to Articles 59, 60 and 61

63. Assent to Bills

64. Oath of allegiance

Part 5 - Summoning Prorogation and Dissolution


65. Sessions of Parliament

66. Prorogation and dissolution of Parliament

67. General election, bye-elections and appointment of Senators

Part 6 - Delimitation of Constituencies


68. Constituencies

69. Constituencies Commission

70. Procedure for review of constituencies

Chapter VI - The Executive


71. Executive Authority

72. The Cabinet

73. Appointment of Ministers

74. Tenure of office of Ministers

75. Performance of functions of Prime Minister during absence, illness or suspension

76. Temporary Ministers

77. Allocation of portfolios to Ministers

78. Functions of Attorney-General

79. Exercise of Governor-General's powers

80. Governor-General to be informed concerning matters of Government

81. Parliamentary Secretaries

82. Leader of the Opposition

83. Certain vacancies in office of Leader of the Opposition

84. Oaths to be taken by Ministers, etc

85. Leave of absence for Ministers, etc

86. Summoning of and presiding in Cabinet

87. Quorum

88. Permanent Secretaries

89. Constitution of offices, etc

90. Powers of pardon, etc

91. Advisory Committee on Prerogative of Mercy

92. Functions of Advisory Committee

Chapter VII - The Judicature


Part 1 - The Supreme Court


93. Establishment of Supreme Court

94. Appointment of Justices of Supreme Court

95. Acting Justices

96. Tenure of office of Justice of Supreme Court

97. Oaths to be taken by Justices of Supreme Court

Part 2 - Court of Appeal


98. Establishment of Court of Appeal

99. Justices of the Court of Appeal

100. Other arrangements for appeals

101. Acting Justices of Court of Appeal

102. Tenure of office of Justices of Appeal

103. Oaths to be taken by Justices of Appeal

Part 3 - Appeals to Court of Appeal and Her Majesty in Council


104. Appeals relating to fundamental rights and freedoms

105. Appeals to Her Majesty in Council in other cases

106. Interpretation of "Court of Appeal

Chapter VIII - The Public Service


Part 1 - The Public Service Commission


107. Establishment and composition of Public Officers

Part 2 - Appointments etc. of Public Officers


108. Appointments, etc. of public officers

109. Appointments of Permanent Secretaries and certain other public officers

110. Delegation of Governor-General's powers

111. Appointments, etc. of principal representatives of The Bahamas abroad

112. Appointments on transfer in respect of certain offices

113. Appointment of Secretary to the Cabinet

Part 3 - The Public Service Board of Appeal


114. Public Service Board of Appeal

115. Appeals in discipline cases

Part 4 - The Judicial and Legal Service Commission


116. Establishment and composition of the Judicial and Legal Service Commission

117. Appointments, etc. of judicial and legal officers

Part 5 - The Police Service Commission


118. Establishment and composition of the Police Service Commission

119. Appointment of Commissioner of Police and other officers of the Police Force

120. Removal of the Commissioner and Deputy Commissioner of Police

121. Removal and discipline of members of the Force

Part 6 - Pensions


122. Protection of pension rights

123. Grant and withholding of pensions, etc

124. Appeals in respect of certain decisions affecting pensions benefits

Part 7 - Miscellaneous


125. Procedure of Commissions

126. Removal from office of certain persons

127. Public Service

Chapter IX - Finance


128. Consolidated Fund

129. Estimates

130. Authority for public expenditure

131. Withdrawal of money from the Consolidated Fund

132. Withdrawal of money in advance of Appropriation Act

133. Contingencies Fund

134. Public Debt

135. Remuneration of Governor-General and certain other officers

136. Establishment of office and functions of Auditor-General

Chapter X - Interpretation


137. Interpretation

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