Acquiring land in lieu of paying compensation
187 Acquiring land in lieu of paying compensation
Where compensation for injurious affection is claimed as a result of the operation of the provisions of section 174(1), the responsible authority may at its option elect to acquire the land so affected instead of paying compensation.
The responsible authority, within 3 months of the claim for injurious affection being made, is to by written notice given to the claimant —
elect to acquire the land; or
advise that it does not intend to acquire the land.
Where the responsible authority elects to acquire the land as provided in subsections (1) and (2), if the responsible authority and the owner of the land are unable to agree as to the price to be paid for the land by the responsible authority, the price at which the land may be acquired by the responsible authority is to be the value of the land as determined in accordance with section 188.
If —
an owner of land claims compensation and the responsible authority elects to purchase the land instead of paying compensation; and
the price to be paid for the land by the responsible authority has not been determined for the purposes of subsection (3),
the owner of the land may withdraw the claim for compensation and, upon that withdrawal, the election has no effect.
[Section 187 amended: No. 8 of 2009 s. 100(4).]
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