Liberia: Public Works to Face Lawsuit Over 'Illegal Demolition'

Under the law, the government is required to issue notice informing occupants of a building that it has been marked for demolition within reasonable time but when the government fails to issue a notice before embarking on demolition, the aggrieved residents can sue for wrongful demolition and they may be entitled to damages.

Against this backdrop, Leo E. Tiah, the Executive Director of Youth Network for Positive Change (YOUNETOP), a civil society organisation, is considering instituting a legal action against the government through the Ministry of Public Works for demolishing a two-bedroom house hosting his office without any notice.

The demolished property is within the Thinker's Village community, Paynesville City.

The zoning Act of 1958 outlines the legal requirements for notifying local authorities and obtaining necessary approvals before demolition can proceed. According to the law, government may demolish properties for many reasons including construction of building without required approval and an approval plan that complies with building laws and codes, constructing on land that is under government acquisition, if the building is distressed, structurally unsound and a threat to residents or when government acquires the property for development projects in the interest of common good.

However, while it allows the government to acquire properties belonging to citizens to be used for projects aimed at catering for the welfare of the general public, the government is required by law to pay compensation to the individuals whose land they acquire.

In the case of Tiah, there was no prior notice to allow him to challenge the demolition order, as provided by the law.

Tiah's lawsuit isn't about just one man's house, it's about protecting the constitutional rights of all property owners..

Without prior notice, Tiah said, some earth-moving construction equipment roared into their community sometime this month, to demolish buildings, to pave the way for the opening of alleys within the arrear.

Tiah stated that they were pre-informed. However, no specific date was given, and many of them were caught unaware when a caterpillar was driven to their house early in January.

"I legally obtained this property with a deed issue to me. And, it is not in the alley to be demolished," Tiah said.

"If what the ministry is saying were to be true, there was an encroachment of 3 square meters (m2), they were to have a discussion with the people. But how can you start demolishing people's houses like that? This is lawlessness... walking into somebody's house...," he said. He adds, "you can't come with bulldozers and demolish houses without giving time for the family to vacate. What about the household articles? There has to be due process followed."

He maintained that no notice was served. "They only came here and informed the people of the demolition. You can't just tell people to vacate houses and demolish them. There has to be proper notice."

Tiah however described the demolition of his property as "conspiracy."

"Some of our neighbors' houses are in the same position as our property, but they were not demolished. This is injustice and conspiracy against us and that is supported by the ministry," said Tiah, pointing to a fence some metres from his partly demolished house.

According to Tiah, the day the Ministry eventually showed up, "we were running helter-skelter, struggling to move out our personal effects. We could not take out any items because of their impatience."

Road construction and expansion occur regularly, and they usually affect residents' properties. This situation has constantly put property owners in fear of uncertainty. While the government sometimes compensates people, many victims are not fortunate to get compensation.

Are there legal remedies if your property is demolished? Yes. However, this is dependent on certain factors. If a person's house is demolished by the government as a result of his failure to follow due process in acquiring the land or constructing a building, he may not have any recourse in law except he was deceived into purchasing the property despite having done reasonable due diligence.

As a result, individuals must protect themselves legally as an intending property owner by conducting necessary searches to confirm the title of the person from whom you are purchasing the property and also confirm the validity of any title document or approval provided

If you are constructing a building on your land, ensure that you obtain the necessary permits to do so and seek the expert opinions of qualified real estate consultants or your lawyer

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