Land Acquisition Act (consolidated to 10-5-02) 21 General considerations regarding assessment of compensation (1) In the assessment of compensation in terms of section 20 or 20nine C, regard shall be had to the value of any other property or rights of the claimant, and to any benefit which the claimant will receive, due to any works undertaken by the acquiring authority in connection with the acquisition of the land. [Subsection amended by s. 23 of Act 15/2000.] (2) A claimant shall take reasonable steps to mitigate any adverse effect which action taken by the acquiring authority may cause to his rights or interest in the land concerned and, in the assessment of compensation for such loss in terms of section 20 or 20nine C, any failure so to mitigate his loss shall be taken into account. [Subsection amended by s. 23 of Act 15/2000.] (3) Where part only of a piece of land, other than agricultural land required for resettlement purposes, has been acquired, compensation for that part shall be assessed as the difference between the price or value of the whole piece of land determined in terms of section 20, and the price or value so determined of the remainder of that piece of land. [Subsection amended by s. 23 of Act 15/2000.] (4) In the assessment of compensation in terms of section 20 or 20nine C, the following factors may be disregarded— (a) anything done in contravention of subsection (2) of section 5 or a notice in terms of subsection (3) of that section; (b) any change in the price or value of any land resulting from any action taken or to be taken by the acquiring authority connected with the acquisition of the land or resulting from the purpose for which or in connection with which the land is being acquired or taken or is to be used; (c) the special suitability or usefulness of any land for the purpose for which it is required by the acquiring authority if it is unlikely that, but for the acquiring authority’s requirements, the land would have been purchased for that purpose on the open market; (d) any increase in the price or value of any land where such increase is due to the use of the land in a manner which is illegal, detrimental to the land or restrainable; (e) the compulsory nature of the acquisition; (f) any right in any land which is adequately compensated for in terms of section 26 or 27; (g) any loss of trade resulting from a reduction of traffic over any road due to an alteration of the course of such road or the closure or change of status of such road as a result of any action taken or to be taken by the acquiring authority connected with the acquisition of the land or resulting from the purpose for which or in connection with which any land is being acquired or is to be used; (h) any improvement effected mala fide on any land in order to increase any compensation payable in terms of this Act; (i) any reduction in the price or value of any land resulting from any unusual or extraordinary circumstances existing immediately prior to the acquisition of the land. [Subsection amended by s. 23 of Act 15/2000.] 22 Claims for compensation: land other than agricultural land required for resettlement purposes (1) Any person who wishes to claim compensation payable in terms of this Part in respect of the acquisition of land other than agricultural land required for resettlement purposes shall submit a written claim for compensation specifying in detail— (a) the nature of his loss or deprivation of rights; and (b) the amount of compensation claimed by him and the basis on which he has calculated that amount and any actual expense or loss which has been or may reasonably be incurred or suffered directly as a result of the action taken by the acquiring authority. [Subsection amended by s. 23 of Act 15/2000.] (2) A claim for compensation in respect of the acquisition of land other than agricultural land required for resettlement purposes shall be submitted within 60 days, or such longer period as the acquiring authority may for good cause allow, from the date on which the preliminary notice is served on the claimant or, if the preliminary notice is not served on him, from the date of the publication of the preliminary notice in the Gazette. [Subsection amended by s. 23 of Act 15/2000.] 23 [Section 23 repealed by s. 12 of Act 15/2000.] 24 Reference of disputes re compensation to Administrative Court: land other than agricultural land required for resettlement purposes (1) This section shall apply only in respect of the acquisition of land that is not agricultural land required for resettlement purposes. [Subsection amended by s. 23 of Act 15/2000.] (2) If the parties cannot agree upon a claimant’s right to compensation in terms of this Act or upon the amount of compensation payable to him in terms of this Part, either party may refer the question to the Administrative Court. (3) A matter may be referred to the Administrative Court in terms of subsection (1) at any time after the expiry of the period of 30 days calculated from the date of service or publication of the order in terms of subsection (1) of section 8 or the date of the granting of the order referred to in subsection (1) of section 7 authorising or, as the case may be, confirming the acquisition giving rise to the claim: Provided that, where the acquiring authority does not acquire the land concerned, either party may refer the question of compensation to the Administrative Court at any time after the lapsing or withdrawal of the - 10 -