The Falkland Islands Constitution Order 2008

Protection from deprivation of property

15.—(1) No property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any description shall be compulsorily acquired, except in accordance with the provisions of a law applicable to that taking of possession or acquisition and where the following conditions are satisfied, that is to say—

(a) the taking of possession or acquisition is in the public interest; and

(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right to or over the property; and

(c) provision is made by a law applicable to the taking of possession or acquisition—

(i) for the prompt payment of adequate compensation; and

(ii) securing to any person having an interest in or right to or 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 or her interest or right, the legality of the taking of possession or acquisition and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.

(2) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he or she has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax imposed in respect of its remission) to any country of his or her choice outside the Falkland Islands.

(3) Without prejudice to the generality of the expression “in the public interest” in subsection (1), nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law makes provision for the taking of possession or the acquisition of any property, interest or right—

(a) for the purpose of controlling its use in accordance with the general interest;

(b) as a consequence of a breach of the law;

(c) to secure the payment of taxes or other like impositions; or

(d) for the administration or enforcement of the law regulating the civil rights and obligations of persons inter se in respect of property.