7
Compulsory acquisition of farm equipment or material
(1) After the identification and valuation of farm equipment or material in terms of sections
four and five respectively, the acquiring authority may, if there is no agreement for the purchase
of the farm equipment or material concerned—
(a) acquire the farm equipment or material by making an order compulsorily acquiring the
farm equipment or material for compensation equivalent to the value placed on the
farm equipment or material by the designated valuation officer; and
(b) serve on the owner or holder of the farm equipment or material a copy of the order
referred to in paragraph (a).
(2) An acquisition order made in terms of subsection (1) shall contain—
(a) a description of the farm equipment or material to be acquired; and
(b) the compensation payable for the acquisition of the farm equipment or material.
(3) An acquisition order made in terms of subsection (1) shall be accompanied by a notice
in writing inviting the owner or holder to indicate within fourteen days whether he or she
contests the acquisition of the farm equipment or material or the compensation fixed therefor.
(4) Upon service of an acquisition order on the owner or holder in terms of subsection (1),
ownership of the farm equipment or material shall vest in the acquiring authority, who shall
thereupon have the power to take immediate possession of the farm equipment or material.
8
Application for order confirming acquisition of farm equipment or material
(1) Where the owner or holder of any farm equipment or material compulsorily acquired in
terms of subsection (1) of section seven contests the acquisition of the farm equipment or
material or the compensation fixed therefor, the acquiring authority shall, not later than thirty
days after the acquisition, apply to the Administrative Court for an order confirming the
acquisition of the farm equipment or material.
(2) An application in terms of subsection (1) shall be accompanied by—
(a) a copy of the acquisition order; and
(b) copies of the notices served or published, as the case may be, in terms of subsection
(2) of section six and subsection (3) of section seven.
(3) The Administrative Court shall grant an order referred to in subsection (1) where it is
satisfied—
(a) that the acquisition of the farm equipment or material is reasonably necessary for the
utilisation of that farm equipment or material on any agricultural land; and
(b) that the farm equipment or material was not, on the date of its identification, being
used for agricultural purposes on any agricultural land; and
(c) subject to subsection (4), that the compensation fixed by the acquiring authority is
reasonable in the circumstances.
(4) In granting an order confirming the acquisition of farm equipment or material, the
Administrative Court may fix any compensation that it deems reasonable in the circumstances.
(5) Where the Administrative Court refuses to grant an order confirming the acquisition of
farm equipment or material, it shall order the acquiring authority to return the farm equipment
or material to the owner or holder thereof.
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