Expropriation Act, 1975 (Act No. 63 of 1975)26. Application of Act |
| 1) | Subject to the provisions of section 5, the provisions of this Act shall not derogate from any power conferred by any other law to expropriate or take any property or to take the right to use property temporarily, but shall not preclude the expropriation or the taking of property or the taking of any such right being effected either under the said provisions or under the said power: Provided that if any such power is exercised after the commencement of this Act, the compensation owing in respect thereof shall mutatis mutandis be calculated, determined and paid in accordance with the provisions of this Act. |
| 2) | ...... |
| 3) | In the case of land which is in terms of an ordinance declared to be a road or acquired for a road without such land being expropriated, the following provisions shall apply, namely - |
| a) | notwithstanding anything to the contrary contained in any such ordinance- |
| i) | the compensation to which the owner is entitled, shall be calculated, determined and paid in accordance with section 12, as if the land to which the declaration or acquisition relates had been expropriated in terms of the provisions of this Act; |
| ii) | no compensation shall be paid in respect of land which at the time of the declaration or acquisition already existed, or was being used, as a road; |
| iii) | compensation in respect of unregistered rights shall be paid in accordance with section 13; |
| iv) | the amount of the compensation shall be determined in terms of section 14, if the amount of the compensation cannot be agreed upon; |
| v) | the rights to precious metals, precious stones, base minerals and natural oil shall continue to vest in the person (including the State) in whom they vested prior to such declaration or acquisition; |
| vi) | the date on which the province becomes liable for the payment of compensation in terms of the provisions of the ordinance in question shall be regarded as the date of expropriation; |
| vii) | the executive committee shall within sixty days of the declaration of the land to be a road, notify the owner thereof, mutatis mutandis in the manner contemplated in section 7, if the land was not already a road at the time of the declaration; |
| viii) | the executive committee shall furnish the local authority (if any) in whose area of jurisdiction the land is situated and the Registrar of Deeds in whose deeds registry the title deed to the land is registered, with a copy of the notice referred to in subparagraph (vii); and |
| b) | the Registrar of Deeds referred to in paragraph (a) (viii) shall on receipt of the said copy cause an appropriate endorsement of the declaration of the land to be a road to be made in his registers. |
| 4) | ...... |
| 5) | If any land is expropriated after it had been declared to be a public road and the provisions of subsection (3)(b) complied with in respect thereof, the endorsement referred to therein shall serve as a note contemplated in section 31(6)(a) or 32(5), as the case may be, of the Deeds Registries Act, 1937 (Act 47 of 1937). |
| 6) | If an executive committee is in terms of the ordinance in question required to expropriate any land for a road after the declaration thereof to be a public road, it may act in accordance with the provisions of subsection (3)(a)(vii) and (viii). |
| 7) | An executive committee may, in respect of any land which was prior to the commencement of this subsection declared to be a road, request the Registrar of Deeds concerned to have such an endorsement made in his registers as is contemplated in subsection (3) (b), notwithstanding that the executive committee is not required to do so. |