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(8) A law, or an administrative action taken under a law, is not inconsistent with the
rights mentioned in this section on the ground that it—
(a) appropriates revenues or other moneys for particular purposes;
(b) imposes a retirement age on a person;
(c) imposes a restriction on persons employed or engaged in a State service, or
confers on them a privilege or advantage not imposed or conferred on other
persons;
(d) imposes restrictions on persons who are not citizens, or confers on them a
privilege or advantage, not imposed or conferred on citizens;
(e) makes provision with respect to adoption, marriage, devolution of property
on death, and pension;
(f)
excludes persons from holding certain public offices; or
(g) to the extent necessary and without infringing the rights or freedoms set
out in any other section of this Chapter, gives effect to the communal
ownership of iTaukei, Rotuman and Banaban lands and access to marine
resources, or the bestowing of iTaukei, Rotuman and Banaban chiefly title
or rank.
Freedom from compulsory or arbitrary acquisition of property
27.—(1) Every person has the right not to be deprived of property by the State
other than in accordance with a written law referred to in subsection (2), and no law may
permit arbitrary acquisition or expropriation of any interest in any property.
(2) A written law may authorise compulsory acquisition of property—
(a) when necessary for a public purpose; and
(b) on the basis that the owner will be promptly paid the agreed compensation
for the property, or failing agreement, just and equitable compensation as
determined by a court or tribunal, after considering all relevant factors,
including—
(i)
the public purpose for which the property is being acquired;
(ii)
the history of its acquisition by the owner;
(iii) the market value of the property;
(iv) the interests of any person affected by the acquisition; and
(v)
any hardship to the owner.