Public Works Defends Zoning Authority

By Samuel Flomo, Jr.

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Attorney Shem Blafouley said the Ministry of Public Works has the legal authority to oversee urban, and town planning, including zoning, and land-use re-zoning.

Blafouley’s clarification comes amid a growing disagreement over an ongoing zoning exercise being conducted in Gbarnga City, where concerns have been raised about the legal basis for the Ministry’s involvement in determining land use, and opening alleyways.

He told In Profile Daily news that Section 27.2(d) of the Executive Law provides the Ministry with authority over matters involving urban, and town planning.

Blafouley’s position directly challenged recent assertions by Human Rights Activist Aaron Juaquellie, who questioned whether the Ministry possesses the legal mandate to conduct zoning activities, and open alleyways in Gbarnga.

Juaquellie has threatened legal action against the Ministry if the exercise continues.

He argued that land-related responsibilities were transferred following the establishment of the Liberia Land Authority (LLA) under an Act passed in 2016.

The 2016 Act Establishing LLA amended Title 12 of the Executive Law of the Codes of Laws Revised, and subsequently shifted responsibilities involving land administration, and zoning to LLA.

However, Atty. Blafouley disagreed with that interpretation.

He argued that the 2016 LLA Act did not repeal Section 27.2 of the Executive Law, which he said, remains in force, and continues to provide the Ministry of Public Works with jurisdiction over urban, and town planning, zoning, and related administrative responsibilities.

Blafouley further referenced a 2022 Opinion of the Supreme Court, which, according to him, supports the position that the Ministry retains jurisdiction over zoning, urban, and town planning, and administration.

He said the High Court position does not place the Ministry, and the LLA in competition, but instead, recognizes the need for cooperation between the two institutions in carrying out their respective responsibilities.

The legal disagreement has emerged as authorities continue zoning-related activities in Gbarnga, generating public discussion over land management, city development, property boundaries, and access routes.

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