2.3 Develop generic Procedural Process to procure notice of Expropriation if required
Expropriation process
(by Municipalities for Housing Development in terms of Section 9(3a) and 9 (3b) of the Housing Act (Act 107 of 1997) read together with the Expropriation Act 63 of 1975)
Identify and inspect properties for expropriation (failed negotiations; unable to contact landowner/s; landowner not willing to sell and property is a critical requirement for the Priority Housing Project area)
Submit an application to the strategic management committee for permission to expropriate.
Submit an application to exco for permission to expropriate.
Submit an application to full council for a resolution to expropriate.
Have an Intention to Expropriate Notice published in two Local Newspapers: one Zulu and one English Newspaper ***
Objection period of 30 days is to be entertained while waiting for objections from landowners ***
Co-ordinate an objectors meeting with the facilitators and the Municipality.
Negotiate where possible (sale agreement can be signed if appropriate)
Request heirs to attend on the masters office and report estates.
Submit application to the MEC Housing for approval to expropriate. all objections and outcomes are to be attached to the application.
Designate properties to be expropriated to LTAC’s (d\Department of Rural Development & Land Reform) [must be attended to with enough time to still publish the notice of expropriation (para 9) within 6 months of permission granted by the MEC : Section 9 (3a) (iii) of the Housing act 107 of 1997] ***
Once properties have been designated to the Land Titles Adjustment Commissioners, Notice of Expropriation is to be published in two Local Newspapers: one Zulu and one English Newspaper [this must be done within 6 months of permission granted by the MEC : Section 9 (3a) (iii) of the Housing Act 107 of 1997].
Provide the Deeds Office with a schedule of properties expropriated showing information as per 31(6)(a) of the Deeds Registries Act, No. 47 of 1937; together with two SG diagrams (Expro Diagrams) of each property and a certified copy of the Expropriation Notice. This must be on a Municipal Letterhead.
Appoint a Conveyancer to attend to the Expropriation Transfers.
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