# Expropriation Bill 2023

- Link: https://dearsouthafrica.co.za/expropriation-bill-2023/
- Published: 2023-02-07T11:52:38+02:00
- Author: dearSA

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comments individually delivered (closed 6 March, 2023)

### The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure invited the public to comment on the Expropriation Bill

    - To provide for the expropriation of property for a public purpose or in the
      public interest;
    - Regulate the procedure for the expropriation of property for a public purpose
      or in the public interest, including payment of compensation;
    - Identify certain instances where the provision of **nil compensation** may
      be just and equitable for expropriation in the public interest;
    - **‘‘public interest’’** includes the nation’s commitment to land reform, and
      to reforms to bring about equitable access to all South Africa’s natural resources
      in order to redress the results of past racial discriminatory laws or practices.

[click to view a report, all comments and documents ](https://dearsouthafrica.co.za/expropriation-bill-2023/summary)

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### CHAPTER 5

(3) It may be just and equitable for nil compensation to be paid where land is expropriated
in the public interest, having regard to all relevant circumstances, including but
not limited to—

 * (a) where the land is not being used and the owner’s main purpose is not to develop
   the land or use it to generate income, but to benefit from appreciation of its
   market value;
 * (b) where an organ of state holds land that it is not using for its core functions
   and is not reasonably likely to require the land for its future activities in
   that regard, and the organ of state acquired the land for no consideration;
 * c) notwithstanding registration of ownership in terms of the Deeds Registries
   Act, 1937 (Act No. 47 of 1937), where an owner has abandoned the land by failing
   to exercise control over it;
 * (d) where the market value of the land is equivalent to, or less than, the present
   value of direct state investment or subsidy in the acquisition and beneficial
   
   capital improvement of the land; and
 * e) when the nature or condition of the property poses a health, safety or physical
   risk to persons or other property.

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