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LAND ACQUISITION ACT (CHAPTER 20:10 )

CHAPTER 20:10

LAND ACQUISITION ACT

Acts 3/1992, 15/2000, 14/2001, 22/2001 (s. 4), 6/2002, 10/2002, 1/2004, 7/2004 (s. 14), 8/2006 (s.7).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

ACQUISITIONOF LAND

  1. Acquisition of land by President.
  2. Acquisition by resumption of ownership in certain cases.

PART III

PROCEDUREFOR COMPULSORY ACQUISITIONOFLAND

  1. Preliminary notice of compulsory acquisition.
  2. Owner may demand acquisition of whole property.

6A.   [Repealed]

6B.   [Repealed]

  1. Application for authorizing or confirming order where acquisition contested.
  2. Vesting of land, taking of materials and exercise of rights over land.
  3. Eviction of owner or occupier.
  4. Registration of land acquired.

10A. Revocation of order acquiring land 11.   Investigation of land to be acquired.

PART IV

[Part repealed]

  1. … 15. …

PART V

CLAIMSFOR AND ASSESSMENT AND PAYMENTOF COMPENSATION

  1. Duty to pay compensation.
  2. [Repealed]
  3. [Repealed]
  4. [Repealed]
  5. Assessment of compensation for land other than specially Gazetted land.
  6. General considerations regarding assessment of compensation.
  7. Claims for compensation: land other than specially Gazetted land.
  8. [Repealed]
  9. Reference of disputes re compensation to Administrative Court: land other than specially Gazetted land.
  10. Advance payment of compensation.
  11. Discharge of debt secured by mortgage bond over land.
  12. Payment of certain taxes and other moneys out of compensation.
  13. Payment of compensation moneys to Master and retention thereof by acquiring authority in certain cases.
  14. Payment of interest on compensation moneys.

PART VA

COMPENSATIONFOR SPECIALLY GAZETTED LAND 29A. Compensation Committee.

29B. Procedure for assessing compensation.

29C. Assessment of compensation and manner and period of payment. 29D. Appeals under this Part.

PART VI

DERELICT LAND BOARD

  1. Establishment of Derelict Land Board.
  2. Disqualifications for membership of Derelict Land Board.
  3. Terms and conditions of office of members.
  4. Vacation of office by members and filling of vacancies.
  5. Meetings and procedure of Derelict Land Board.
  6. Minutes of proceedings of Derelict Land Board.
  7. Remuneration and allowances of members.
  8. Expenses of Derelict Land Board.
  9. Validity of decisions and acts of Derelict Land Board.
  10. Powers of Derelict Land Board.

PART VII

PROVISIONS RELATINGTODERELICT LAND

  1. Appointment of Chief Land Officer and other land officers.
  2. Reports on derelict land.
  3. Inquiry by Derelict Land Board and declaration of derelict land.
  4. Eviction of persons and registration of land.
  5. Compensation not to be paid for derelict land. PART VIII

SPECIAL PROVISIONS RELATINGTOADMINISTRATIVE COURT

  1. Composition of Administrative Court for purposes of this Act.

PART IX

GENERAL

  1. Designated valuation officers.
  2. References to Compensation Court in other enactments and documents.
  3. Amendment of Schedule.

SCHEDULE

Principles Regarding Assessment of Compensation.

AN ACT to empower the President and other authorities to acquire land and other immovable property compulsorily in certain circumstances; to make special provision for the compensation payable for agricultural land required for resettlement purposes; to provide for the establishment of the Derelict Land Board; to provide for the declaration and acquisition of derelict land; and to provide for matters connected with or incidental to the foregoing.

[Long title amended by section 22 of Act 15 of 2000.]

[Date of commencement: 8th May, 1992.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Land Acquisition Act [Chapter 20:10].

                   2    Interpretation

In this Act—

“acquiring authority” means—

  • the President, or any Minister duly authorised by the President, acting in terms of subsection (1) or (2) of section three; or
  • the President or any person acting in terms of section four; or
  • the person empowered or required by any enactment to acquire land, take materials from land or pay compensation therefor, where the enactment applies any provision of this Act to such acquisition, taking of materials or payment of compensation; or
  • in relation to anything required or permitted to be done by an acquiring authority in terms of this Act or an enactment referred to in paragraph (c), including the capacity to institute proceedings in terms of this Act and to sue and be sued either in his own official capacity or in the name of the acquiring authority, any person duly authorised by the acquiring authority for that purpose;

[Definition substituted by section 2 of Act 14 of 2001.] “agricultural land required for resettlement purposes” …..

AN ACT to empower the President and other authorities to acquire land and other immovable property compulsorily in certain circumstances; to make special provision for the compensation payable for agricultural land required for resettlement purposes; to provide for the establishment of the Derelict Land Board; to provide for the declaration and acquisition of derelict land; and to provide for matters connected with or incidental to the foregoing.

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