In Rwanda, while land ownership is a protected right, it comes with the responsibility to ensure that land is effectively utilised, especially in prime locations designated for productive use, according to the City of Kigali.

The City of Kigali has urged landowners to begin building and utilizing their land to avoid the risk of ownership termination, especially in prime areas like the Amahoro Stadium neighbourhood, Nyabugogo, Nyarugenge, and Kimihurura, where significant construction projects are underway.

"We encourage landowners to start building and utilizing their land to avoid termination of ownership. Landowners in these key areas are expected to contribute to the city’s development plans by making productive use of their property,” said Emma-Claudine Ntireganya, the Spokesperson of the City of Kigali.

Ntireganya also advised landowners to consider planting trees on land that is not utilised, aligning with Kigali’s green city initiative.

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She stressed the importance of maintaining organized greenery, cautioning against leaving land overgrown with unmanaged bushes, as the city strives to remain well-organized and sustainable.

A 2024 Ministerial Order on Temporary Land Requisition and Termination of Land Ownership Contracts outlines the conditions under which the government may reclaim land that remains unutilised. Here, we look at the processes, conditions, and procedures involved in both temporary requisition and permanent termination of land ownership.

Temporary requisition

Temporary requisition refers to the government, through the City of Kigali or a district authority, taking control of unused land. This primarily targets land intended for agriculture, livestock, or forestry that exceeds five hectares, ensuring the land is utilised for its designated purpose and contributes to national development.

Ntireganya stated, "If land remains unused for six consecutive months, the City or District, with legal authority, will request the landowner in writing to either exploit it or provide reasons for the delay. If valid reasons such as financial or physical constraints are provided, the owner may be asked to sub-lease the land to someone who can develop it. If they fail to do so, the land may be temporarily requisitioned."

Article 6 of the ministerial order states that before requisition, the Minister gives a 90-day written notice, starting from the day the notice is received. The landowner has the opportunity to stop the requisition within this period by providing valid reasons. Requisition may be suspended if the owner presents a development plan within one year or sub-leases the land.

If no action is taken within the notice period, the government proceeds with the requisition.

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According to Article 10, the government takes control of the land for a set period: three years for agricultural or livestock land and 10 years for land under a forestry zone. During this time, the land is handed over to another party who can exploit it. After the period, the original owner can apply for the land’s return, provided legal requirements are met.

Permanent termination

In cases of severe non-compliance, land ownership may be permanently terminated, particularly in critical areas or when land use regulations are ignored. The termination process begins after one year of non-compliance, with the full process taking up to five years to complete.

To terminate ownership, specific documentation must be submitted, including five-year reports from the City of Kigali or district detailing the land&039;s underutilisation, copies of letters urging the owner to exploit the land, and other necessary documents such as land identification and its location. Proof of interest from a potential buyer, along with a valuation, is also required.

Reasons for permanent termination

Land ownership may be permanently terminated under conditions which include:

• Voluntary termination: A landowner may voluntarily return the land to the government, particularly in cases of financial hardship, such as difficulty paying taxes or selling the land.

• Failure to exploit land in serviced areas: If the land is located in areas with infrastructure (e.g., roads, electricity, water) and the owner fails to develop it in accordance with the master plan, the government may terminate ownership. This applies to areas with issued building permits or designated prime development zones.

• Non-compliance with the master plan: In areas where the city’s land use and development plan is being implemented, the owner must adhere to the regulations. Failing to do so for five consecutive years may result in termination.

• Requisitioned land: If temporarily requisitioned land is not reclaimed by the owner after the requisition period, the land may be permanently taken over by the government.

According to Article 15, landowners must submit a letter to the Minister within six months before the end of the temporary requisition period, outlining their plan and ability to exploit the land effectively.

Lawyer Janvier Bayingana noted that while property rights are protected under Article 34 of Rwanda's Constitution, these rights are subject to public interest.

"If land remains unutilised, especially in areas earmarked for development, the government has the legal authority to intervene. However, the government must follow proper legal procedures, ensuring landowners have time to respond and take corrective action."

What happens to requisitioned or terminated land?

Once land is requisitioned, it is handed over to individuals or companies capable of exploiting it for agriculture, livestock, or forestry activities.

In the case of permanent termination, the land is allocated to parties who can develop it according to government plans.

According to article 22, when a land ownership contract is terminated, the landowner loses the right to both the land and any property built on it. The City of Kigali or the relevant district appoints a property valuer to assess the value of the land and any structures incorporated.

The valuation amount is then paid by a designated person, as authorised by the City or district, in line with the provisions of the applicable order. The landowner receives the payment after deducting the cost of any work done on the land. Subsequently, the land is immediately registered to the new owner.

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The amount of money provided is deposited on the account of the land owner or account determined in accordance with relevant laws. If the account is not found, it is deposited to the National Treasury, where the land owner will claim it from.

As citizens are required to adhere to housing plans and other regulations designed to ensure efficient land utilization, Emmanuel Safari, the Executive Director of CLADHO, an umbrella association of human rights organisations in Rwanda, said that this sometimes delays the construction activities for citizens due to waiting of the city’s plans or other factors which can often result in the temporary requisition or termination of land ownership.

"The master plan normally requests a housing plan that citizens have to build in line with, which sometimes can take a long time. Some people wait for the city plan to guide them in what needs to be done, and when you take a long time, the land is taken. But the fact that there are procedures to be followed and citizens are given ample time to explain themselves, I think it’s something achievable,” said Safari.

Ntireganya said that the process of terminating land ownership is designed to balance individual rights with national development goals.