URBAN COUNCILS ACT
Chapter 29:15
151 Expropriation of land
(1) A proposal to expropriate land shall be deemed not to have been passed by a council
unless the proposal is passed by a majority of the total membership of the council at a
meeting—
(a) of which at least fourteen days’ notice has been given; or
(b) at which the proposal is brought forward as a recommendation of a committee of the
council.
(2) Where a council has passed in accordance with subsection (1) a proposal to expropriate
land, it shall apply to the Minister for his approval of the proposal giving —
(a) full particulars of the land proposed to be expropriated; and
(b) the reasons for and the purpose of the proposed expropriation; and
(c) such other information in connection with the proposed expropriation as the Minister may
require.
(3) On receipt of an application in terms of subsection (2) the Minister may, subject to
subsection (4)—
(a) refuse to approve the proposed expropriation; or
(b) approve the proposed expropriation and may grant such approval subject to such
conditions as he may think fit.
(4) The Minister shall not approve any proposed expropriation unless he is satisfied, after
consideration of a report by the council, that—
(a) the council is unable to acquire such land upon reasonable terms by agreement with the
owner; and
(b) it is necessary or desirable that such land be acquired by the council for the purposes
specified by the council; and
(c) the owner of the land to be expropriated has been given an opportunity to make
representations on the matter to the Minister, either in writing or verbally as he may wish:
Provided that this paragraph shall not apply in relation to representations relating to
the amount of compensation payable or, where relevant, the acquisition of the remainder
of the piece of land concerned.
(5) The Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, to the
expropriation of land by a council.
(6) Not less than forty-five days before applying to the Minister in terms of subsection (2),
the council shall notify the owner of the land concerned of his right to make representations,
either personally or through an agent, to the Minister.
(7) In granting his approval for the expropriation of any land, the Minister may approve the
expropriation of all or part of the land to which the application applies.
(8) Where a council has expropriated any land in terms of this section, the council shall
not—
(a) use the land for any purpose other than that for which it was expropriated; or
(b) sell, exchange, lease, donate or otherwise dispose of the land;
without the consent in writing of the Minister.
152 Alienation of council land and reservation of land for State purposes
(1) Subject to any rights which have been acquired by a miner of a registered mining
location in terms of section 178 of the Mines and Minerals Act [Chapter 21:05], a council
may, subject to section one hundred and fifty-three, sell, exchange, lease, donate or otherwise
dispose of or permit the use of any land owned by the council after compliance has been made
with this section.
(2) Before selling, exchanging, leasing, donating or otherwise disposing of or permitting the
use of any land owned by it the council shall, by notice published in two issues of a newspaper
and posted at the office of the council, give notice—
(a) of its intention to do so, describing the land concerned and stating the object, terms and
conditions of the proposed sale, exchange, lease, donation, disposition or grant of
permission of use; and
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