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

Regulations

Regulations in terms of Section 25(1) of the Expropriation Act, 1975

7. Application for the determination of compensation whereby proceedings are instituted

 

(1) The application for the determination of compensation shall state—
(a) the full name and address, if known, of the applicant and the respondent;
(b) the full address where the applicant will accept service of any notice, process, document in an application referred to in regulation 17(1) or any other document, as the case may be, required in terms of these regulations, which address shall be within a distance of 15 kilometres of the building of the seat of the court;
(c) the provincial division or divisions of the Supreme Court in the area of jurisdiction in which the property to which the application relates is situated or is;
(d) the right virtue of which the applicant makes such application, as well as the nature of and grounds for the application;
(e) a clear and complete description of the property expropriated, and, if the properly expropriated is land, full particulars of all improvements thereon, and, in the case of the taking of the right to use property temporarily, also of the right taken;
(f) the amount, if any, last claimed and offered as compensation for the expropriation or the taking of the right to use property temporarily before institution of the proceedings;
(g) the names and addresses of any persons who have an interest in the property or proceedings concerned and the nature of their interest, if known.

 

(2) Whenever the applicant applies for the determination of compensation with respect to various separate disputes based upon separate facts, such facts shall, as far as possible, be mentioned separately.

 

(3) The applicant shall, in his application for the determination of compensation, furnish all the particulars which are necessary to calculate the amount of the compensation concerned, including full particulars in connection with how much of that amount represents each of the various amounts contemplated in section 12(1)(a)(i) and (ii) or (b) of the Act, with full particulars as to how such amounts are made up.

 

(4) The parties may at any time in writing agree that an address further than 15 kilometres from the building of the seat of the court (but within the area of jurisdiction of the court) be accepted for the service of any other notices, process, documents in applications referred to in regulation 17(1) or any other documents, as the case may be, required in terms of these regulations.