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Land And Property [2021] ZAWCHC 68

Royal Square Investments 330 (Pty) Ltd v Premier, Western Cape and Another (A142/2020)

Royal Square Investments 330 (Pty) Ltd v Premier, Western Cape and Another (A142/2020) [2021] ZAWCHC 68; [2021] 3 All SA 205 (WCC) (20 April 2021)

The court held that the mere proclamation of a public road under the Divisional Councils Ordinance 1952 does not result in automatic expropriation or vesting of ownership in the road authority; actual acquisition requires a further act, such as purchase or expropriation, accompanied by compensation. Regulation 38 of the LUPO regulations is not applicable to land reserved for a proclaimed road, as its scheme is irreconcilable with the Roads Ordinance and Expropriation Act, which regulate the acquisition and compensation for land required for road purposes. The appellant failed to allege that t…

  • Road Proclamation
  • Constructive Expropriation
  • Lupon Regulation 38
  • Compensation For Expropriation
  • Property Clause Interpretation
  • Statutory Interpretation
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