Browsing by Subject "Expropriation"
Now showing items 1-10 of 22
-
At the intersection between expropriation law and administrative law: two critical views on the constitutional court's arun judgment
(2016)(LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence ... -
A comparative analysis between prescribed valuation methodology and the judicial interpretation of just and equitable compensation
(2019)When the Property Valuation Act was passed in 2014, the Office of the Valuer-General was established to create valuation capacity within the state and assist the Minister with valuing land identified for acquisition as ... -
Compensation for what? An analysis of the outcome in Arun Property Development (PTY) LTD v Cape Town City
(2016)In Arun Property Development (Pty) Ltd v Cape Town City the Constitutional Court awarded compensation for land that vested in the City of Cape Town in terms of a regulatory framework. The regulatory framework, sections 25 ... -
The concept "beneficial use" in South African water law reform
(North-West University, 2011)The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. ... -
The constitutionality of the Mineral and Petroleum Resources Development Act 28 of 2002
(North-West University, 2006)The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the ... -
The development of a new expropriation framework for South Africa
(North-West University, 2009)The word expropriation is used in South Africa to describe the process whereby a public authority or institution takes property from a private person for public purposes against payment of compensation. The current Act ... -
The effect of constitutional environmental protection on land ownership
(2015)Communities sometimes hold private property rights in or adjacent to a protected area. Section 25 of the Constitution of the Republic of South Africa of 1996 (the Constitution) protects a person's private property in that ... -
The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ... -
Expectations and the issue of land in South Africa – the historical origins and current debate
(School for Basic Sciences, Vaal Triangle Campus, North-West University, 2018)Land remains a contentious political issue that has the potential for further conflict in South Africa. Expectations over land are a legitimate result of a history of dispossession, displacement and deprivation during the ... -
Die nasionalisering van waterregte in Suid-Afrika : ontneming of onteiening?
(Potchefstroom University for Christian Higher Education, 2003)South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of ...