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Compulsory Acquisition of Rights - Elex Academic Bookstore

Compulsory Acquisition of Rights

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The law of expropriation has been changed by the Constitution in important respects, including the circumstances in which expropriation may be used for land reform, and the measure of compensation. It will feature prominently in South Africa’s land reform programme, and is considered in the first eight chapters of the book. Three chapters are devoted to the acquisition of rights by labour tenants under the Land Reform (Labour Tenants) Act. The restitution of land rights, under the Restitution of Land Rights Act, to people deprived of, or prevented from owning, land, by racially discriminatory laws or practices after 1913, is given detailed analysis. Acquisition of rights by ways of necessity and prescription are each dealt with in separate chapters.

Content

  • Compulsory acquisition of rights: the constitution
  • Expropriation: powers of expropriators, property, procedure and compensation
  • Ways of necessity
  • Acquisitive prescription
  • Labour tenants: who are, rights to occupy and use, obligations, and acquisition of land
  • Restitution of land rights: the entitlement, processing the claim
  • The land claims court and its orders
  • Expropriation Act 63 of 1975
  • Extracts from the prescription Act 18 of 1969
  • The land reform (labour tenants) Act 3 of 1996
  • Restitution of land rights Act 22 of 1994
  • Restitution of land rights administration rules


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