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

6. Inspection of property for purposes of expropriation or taking of right to use temporarily

 

1) If any property or the temporary use of any property is required for public purposes, the Minister may-
a) for the purpose of ascertaining whether any particular property is suitable for the purposes or use contemplated, or for the purpose of determining the value thereof, authorize any person to-
i) enter upon any land in question with the necessary workmen, equipment and vehicles;
ii) survey and determine the area and levels of that land;
iii) dig or bore on or into that land;
iv) construct and maintain a measuring weir in any river or stream;
v) in so far as it may be necessary to gain access to that land, enter upon and go across any other land with the necessary workmen, equipment and vehicles; and
b) authorise any person to demarcate the boundaries of any land required for the said purposes or use:

Provided that such person shall not, without the consent of the owner or occupier, enter any building or enter upon any enclosed yard or garden attached to any building, unless he has given the owner or occupier at least twenty-four hours' notice of his intention to do so.

 

2) If any person has suffered any damage as a result of the exercise of any power conferred in terms of subsection (1), the State shall be liable to pay damages or to repair such damage.

 

3) Any proceedings by virtue of the provisions of subsection (2) shall be instituted within six months after the damage in question has been caused or within six months after completion of the acts contemplated in subsection (1), whichever period is the longer, and may only be instituted if the plaintiff has given the Minister not less than one month's notice thereof and of the cause of the alleged damage.