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Environmental easement compensation

Environmental easement compensation in Kenya

Any person who has a legal interest in the land, which is the subject of an environmental easement, shall, in accordance with the provisions of EMCA 1999, be entitled to compensation commensurate with the lost value of the use of the land.
A person legally affected by environmental easement may apply to the court that granted the environmental easement for compensation stating the nature of his/her legal interest in the burdened land and the compensation sought.
The court may require the applicant for the environmental easement to bear the cost of compensating the person affected legally by this change.
The court may, if satisfied that the environmental easement sought is of national importance, order that the Government compensates the person legally affected by this change.
The court in determining the compensation due shall take into account the relevant provisions of the Constitution and any other laws relating to compulsory acquisition of land.

Ref: EMCA Section 116


    Identify and justify areas within your vicinity that could be considered for environmental easement.