Protection of Businesses Act, 1978
R 385
Expropriation Act, 1975 (Act No. 63 of 1975)23. Withdrawal of expropriation |
| 1) | Notwithstanding anything to the contrary contained in any law, if the Minister is of the opinion that it is in the public interest or otherwise expedient to withdraw an expropriation of property, he may withdraw such expropriation, mutatis mutandis and in the manner contemplated in section 7, from a date mentioned in the notice in question: Provided that an expropriation of property shall not be withdrawn- |
| a) | after the expiration of three months after the date of expropriation, except with the written consent of the owner in question; or |
| b) | if, where the property expropriated is immovable property, transfer of the property in consequence of the expropriation has already been registered. |
| 2) | If any person directly or indirectly sustains any damage in consequence of the withdrawal of an expropriation, he shall be entitled to compensation by the State for such damage. |
| 3) | If the expropriation of any property is withdrawn and the State has already paid compensation in connection with such expropriation, the amount of such compensation shall be a debt due to the State. |
| 4) | If an expropriation of property is withdrawn in terms of this section, the ownership in such property shall, from the date contemplated in subsection (1), again vest in the owner from whom it was expropriated, and any mortgage bonds, servitudes and other rights discharged or terminated in connection with the expropriation shall revive and the registrar of deeds concerned shall, on receipt of a copy of, or publication in the Gazette of, the notice of withdrawal of expropriation in question, cancel any endorsement made in connection with the expropriation in his registers and on the title deed of the property in question. |
