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Section 8: Compulsory acquisition

Land Acquisition Act · PART II: COMPULSORY ACQUISITION OF LAND

consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

8. Compulsory acquisition (1) Subject to section 9, where the Minister has decided to acquire compulsorily any land on behalf of Government or another person under section 5 and is satisfied that— (a) it is not possible or expedient to acquire the land by private agreement; and (b) the conditions of section 8 (1) (a) and (b) of the Constitution are fulfilled, he shall, whether or not a notice has been served under section 6 (1), give notice to that effect in 2 issues of the Gazette and 2 issues of 2 daily newspapers, there being in each case an interval of not less than 7 days between the first and second publications. (2) A notice published under this section shall— (a) describe the land with precision, either in words or by reference to a map or plan drawn up by a land surveyor in accordance with the Cadastral Survey Act, which shall be deposited at such place as may be specified in the notice and which shall be open to inspection by the public; (b) state the purpose for which the land is being acquired; (c) in the case of an acquisition under section 5, state the name, address and occupation of the person for whom the land is being acquired; and (d) require every interested person to give the authorised officer, within 14 days of the second publication of the notice in the Gazette, a written declaration of the nature of his interest in the land and of the amount and details of his claim for compensation. (3) On or about the date of the first publication of the notice under subsection (1), a copy of the notice shall be served by the authorised officer on the owner of the land. [S. 8 amended by s.22 (2) of Act 22 of 2011 w.e.f. 1 July 2013.]

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