Protection from deprivation of property

(1) No property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except by or under a law that, (a) prescribes the principles on which and the manner in which reasonable compensation therefor is to be determined and given within a reasonable time; and 33 (b) secures to any person claiming an interest in or right over the property a right of access to the courts for the purpose of, (i) establishing his interest or right (if any); (ii) determining whether that taking of possession or acquisition was duly carried out for a public purpose in accordance with the law authorising the taking of possession or acquisition; (iii) determining the amount of the compensation to which he may be entitled; and (iv) enforcing his right to any such compensation. (2) Nothing in this section shall invalidate any law by reason only that it provides for the taking possession of any property or the acquisition of any interest in or right over (a) in satisfaction of any tax, rate or due; (b) by way of penalty for breach of the law or forfeiture in consequence of a breach of the law; (c) by way of taking a sample for the purposes of any law; (d) as an incident of any deposit required to be made with the Government of a reasonable number of copies of every book, magazine, newspaper or other printed work published in 34 (e) where the property consists of an animal, upon its being found trespassing or straying; (f) as an incident of a lease, tenancy, mortgage, charge, bill of sale or any other right or obligation arising under a contract; (g) by way of requiring persons carrying on business in Belize to deposit money with the Government or an agency of the Government for the purpose of controlling credit or investment in Belize; (h) by way of the vesting and administration of trust property, enemy property, the property of deceased persons, persons of unsound mind or persons adjudged or otherwise declared bankrupt or the property of companies or other societies (whether incorporated or not) in the course of being wound up; (i) in the execution of judgments or orders of (j) in consequence of any law with respect to the limitation of actions; (k) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; (l) for the purpose of marketing property of that description in the common interests of the various persons otherwise entitled to dispose of that property; or (m) for so long only as may be necessary for the purpose of an examination, investigation, 35 trial or enquiry or, in the case of land, the carrying out on the land, (i) of work of soil conservation or the conservation of other natural resources; or (ii) of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out. (3) Subsection (1) of this section does not apply to petroleum, minerals and accompanying substances, in whatever physical state, located on or under the territory of Belize (whether under public, private or community ownership) or the exclusive economic zone of Belize, the entire property in and control over which are exclusively vested, in the Government of Belize, Provided that nothing in this subsection shall affect the right of the owner of any private land beneath which petroleum deposits are located to receive royalty from the Government, as provided in the Petroleum Act, Cap. 225 and regulations made thereunder, on or after 13th day of April, 2010. (4) For the purpose of subsection (3) above, the term “petroleum” and “minerals” shall have the meaning as are or may be ascribed to them by any law.