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Land Compensation for Roads and Public Projects

Updated 3 November 2026 · Land & Property editorial team

Yes. Under Article 26 of the Constitution, government may take land for a public project only with prompt payment of fair and adequate compensation, paid before it takes possession. The Land Act (Cap. 236) says government may acquire land in line with Articles 26 and 237(2), and sets how compensation is assessed, including a 15 percent disturbance allowance. Delays and disputes are common. As of November 2026.

Constitutional rule
Article 26: prompt, fair and adequate compensation, paid before possession (Supreme Court, UNRA v Irumba Asumani, Constitutional Appeal No. 2 of 2014)
Land Act
Cap. 236, s.43 (acquisition by government) and s.78 (how compensation is computed)
Disturbance allowance
15 percent, or 30 percent if less than six months notice (Land Act s.78(2))
Valuer
Chief Government Valuer; the Valuation Bill, 2024 would make the office the assessment officer by statute (a bill, not yet confirmed as law)

Will I be compensated if a road takes my land?

The Constitution says you must be. Article 26 protects private property from compulsory taking unless the law that allows it provides for prompt payment of fair and adequate compensation before government takes possession or acquires the property. The Supreme Court confirmed this in Uganda National Roads Authority v Irumba Asumani and Peter Magelah (Constitutional Appeal No. 2 of 2014, decided in 2015). It held that Article 26 does not let government acquire land for a planned project without paying first, and that planned government projects are not among the emergencies that justify an exception, according to a law firm summary of the decision.

The same case began in the Constitutional Court in 2013, when five judges unanimously held that section 7(1) of the Land Acquisition Act (Cap. 226) was inconsistent with Article 26 because it did not require compensation to be paid before possession (Daily Monitor, 14 November 2013). The Land Act (Cap. 236) now states, in section 43, that government or a local government may acquire land in accordance with Articles 26 and 237(2) of the Constitution.

This page explains the rules for landowners and for buyers. It is general information and not legal advice. Because the result depends on your tenure and your papers, read it with our guide to Uganda Land Law and Land Titles Explained.

How does government acquire land for a project?

In outline, the process runs as follows. The acquiring body, such as the roads authority or a ministry, identifies the land it needs. A valuation is done to fix compensation for each affected owner and occupant. Owners are told the amount and asked to accept it. Compensation should then be paid before the land is handed over. Where the owner disputes the amount or cannot be found, the Land Acquisition Act has allowed government to apply to deposit the money in court while the dispute is resolved.

That deposit route has itself been challenged. In June 2021 a petition filed by a landowner with two advocacy groups asked the Constitutional Court to strike out sections 6, 10 and 15 of the Land Acquisition Act, arguing that they let the Attorney General deposit compensation in court and then occupy land before an adequate and fair amount is paid (Daily Monitor, 2 June 2021). We could not find a reported outcome, so treat the point as unsettled and ask an advocate for the position on your file.

Whatever the method, keep every notice, valuation sheet and acknowledgement. They are the proof you will need later, whether you accept the award or dispute it.

How is compensation calculated?

The Land Act sets out how compensation is computed when a district land tribunal assesses it (section 78, read with section 77(1)(b), which gives tribunals the job of settling disputes over the amount of compensation for land acquired under section 43). The main elements are:

ItemHow the Act values it
Land held under customary tenureOpen market value of the unimproved land
BuildingsOpen market value in urban areas; depreciated replacement cost in rural areas
Standing cropsValue of crops, but not annual crops that can be harvested during the notice period
Disturbance allowance15 percent of the sum assessed, or 30 percent if less than six months notice is given

Section 78(3) also says the list of rates of compensation prepared by the district land board is to be used. The Act's detailed formula speaks to customary owners, so ask the valuer in writing which rules were applied to your plot.

The Chief Government Valuer is the government officer who carries out statutory valuations. The Valuation Bill, 2024 (Bill No. 82) would put this in statute: it provides that the Chief Government Valuer is the assessment officer for compulsory acquisition under the Land Acquisition Act, and that a valuation assessed for compulsory acquisition stays valid for two years from the date of the report. As of November 2026 we have not confirmed that the Bill has been passed, so do not treat those clauses as law.

Why are payments delayed?

Reports of delay come mainly from road and oil-project cases. In the 2021 petition mentioned above, the petitioners said the Attorney General and the roads authority took possession of land before paying compensation in the Tilenga project area in Buliisa District and on the Hoima to Buhimba road. Those are allegations in a petition, not findings. A separate High Court case reported by KFM Radio concerns a Wakiso landowner who says that after his land was identified for the Kampala to Entebbe Expressway in 2012 his name was removed from a compensation list and his land was later taken without payment. The roads authority was given 15 days to file its defence; the story does not carry a date and we have no outcome.

Points that can hold up a payment, and that you can prepare for, include:

  • Disagreement over who owns what, where several people claim the same land, or a kibanja sits on the land.
  • Missing or unclear titles, or owners who cannot be traced.
  • Disputes over the valuation, including the valuer's rate per acre or per building.
  • Funding gaps before a project begins.

If you hold an interest in a title that is under threat, read how to lodge a caveat on land in Uganda.

What if I disagree with the award?

Do not sign a final acceptance if you believe the sum is wrong, and do not hand over the land before you are paid unless an advocate has advised you to. The Land Act gives district land tribunals jurisdiction over disputes about the amount of compensation for land acquired under section 43 (section 77(1)(b)). Because forums have changed over time, ask an advocate which court or tribunal currently hears compensation disputes in your district.

Steps that help a challenge:

  1. Ask in writing for the valuation report and the rates used.
  2. Get your own independent valuation from a registered valuer, with photographs of buildings, trees and crops.
  3. List every person with an interest, such as tenants, a spouse, or occupants, as their claims can change the award.
  4. Keep your title, tax receipts and any earlier survey plan together.

The Supreme Court has made clear that taking land before paying contravenes Article 26, so courts have been willing to hear complaints about possession before payment. Even so, a judgment can take time, which is why the evidence you collect early is so valuable.

What should buyers and sellers know about planned roads?

If government has already identified a road line through a plot, the compensation goes to the owner or occupant at the time of the valuation, not necessarily to a later buyer. Before you buy, ask the district engineer or the roads authority whether the plot lies in a planned road reserve, and read our guide on how to check planned roads for land. A seller who knows of a planned road and hides it may expose themselves to a claim, and you should ask for a written statement of any acquisition notice received.

Government land and public land have separate rules. If a seller is offering land that may belong to government, read whether you can buy government land and the roles of the Uganda Land Commission and the Land Fund. For leases and allocations from a district, see applying to a district land board.

In Land & Property listings, Nov 2026, we show 21 plots, of which 18 are mailo and 1 is freehold. Always ask whether a plot is in a gazetted corridor before paying a deposit, and browse plot listings only after you have your questions ready. If you want a second pair of eyes, ask our team on WhatsApp or by email.

Listings available now

Live from Land & Property on 4 November 2026. Prices are the sellers' asking prices.

Frequently asked questions

Will I be compensated if a road takes my land?

Yes. Article 26 of the Constitution requires prompt payment of fair and adequate compensation before government takes possession. The Supreme Court upheld this in the Irumba Asumani case in 2015. In practice there can be delays, so keep every notice and valuation paper.

How is compensation calculated?

The Land Act (s.78) values customary land at open market value of the unimproved land, buildings at market value in urban areas or depreciated replacement cost in rural areas, and adds crops and a disturbance allowance of 15 percent, or 30 percent if notice is under six months.

Can government take my land before paying me?

It should not. The Constitutional Court in 2013 and the Supreme Court in 2015 held that taking possession before payment of compensation contravenes Article 26. Government can ask a court to allow deposit of money while a dispute continues, a power that has been challenged in court.

Who values my land for a government project?

The Chief Government Valuer carries out government valuations. The Valuation Bill, 2024 would make the Chief Government Valuer the assessment officer in law and set a two year validity for the valuation. We have not confirmed that the Bill has become law.

Sources

  1. Land Act (Chapter 236), legislation as at 31 December 2023, ss.43, 77 and 78, ULII / Laws.Africa (accessed 2026-11)
  2. Uganda Supreme Court reasserts constitutional right to protection from deprivation of property, MMAKS Advocates (accessed 2026-11)
  3. Court trims government powers on acquiring citizens land, Daily Monitor, 14 November 2013 (accessed 2026-11)
  4. AG, UNRA dragged to court over land compensation law, Daily Monitor, 2 June 2021 (accessed 2026-11)
  5. Valuation Bill, 2024 (Bill No. 82), Parliament of Uganda (accessed 2026-11)
  6. UNRA dragged to court for failure to pay over Shs1bn for Kampala-Entebbe Express Highway, KFM (accessed 2026-11)

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