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Expropriation Act, 1975 (Act No. 63 of 1975)

8. Passing of ownership in expropriated property and exercise of right to use property

 

1) The ownership of property expropriated in terms of the provisions of this Act shall, subject to the provisions of section 3(3), and on the date of expropriation, vest in the State, released from all mortgage bonds (if any) but if such property is land, it shall remain subject to all registered rights (except mortgage bonds) in favour of third parties with which it is burdened, unless or until such rights have been expropriated from the owner thereof in accordance with the provisions of this Act.

 

2) If the Minister has in terms of section 2 taken the right to use any property for any purpose, the State may, as from the date of expropriation, exercise that right.

 

3) The State shall take possession of any property expropriated on the date stated in terms of section 7(2)(b) or such other date as may be agreed upon between the owner concerned and the Minister.

 

4) The owner of expropriated property shall from the date of expropriation to the date upon which the State takes possession of the property, take care of and maintain the property, and if the owner willfully or negligently fails to do so and as a result thereof the property depreciates in value, the Minister may recover the amount of the depreciation from the owner: Provided that the Minister shall compensate the owner for costs which, in the opinion of the Minister, were necessarily incurred after the date of expropriation in respect of such maintenance or care.

 

5) If the owner desires to place the State in possession of the property expropriated prior to the date stated in terms of section 7(2)(b) and he and the Minister do not agree upon a date as contemplated in subsection (3) of this section, he shall give the Minister not less than twenty-one days' notice in writing of the date on which he desires to place the State in possession, and the State shall thereupon be deemed to have taken possession of the property on that date.

 

6) The owner shall be entitled to the use of and the income from the property expropriated from the date of expropriation to the date upon which the State may or is required to take possession of the property, and shall, during that period, remain responsible for the payment of taxes and other charges in respect of the property expropriated as if the property had not been expropriated.

 

7) The provisions of subsections (3) to (6) shall also apply in respect of the expropriation of property in terms of section 3 on behalf of a juristic person or body, and in such application a reference in the said subsections to the State and the Minister shall be construed as a reference to the juristic person or body concerned.