> For the complete documentation index, see [llms.txt](https://cahf.gitbook.io/primary-transfer-toolkit/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://cahf.gitbook.io/primary-transfer-toolkit/land-legal-toolkit/land-and-planning-regularisation-toolkit/step-2-registration-of-underlying-land-and-township-establishment/2.3-develop-generic-procedural-process-to-procure-notice-of-expropriation-if-required.md).

# 2.3 Develop generic Procedural Process to procure notice of Expropriation if required

![The third of four steps in the Registration of Underlying Land and Township Establishment phase.](https://4233489709-files.gitbook.io/~/files/v0/b/gitbook-x-prod.appspot.com/o/spaces%2FyYnvwygMcflD48NtYxIw%2Fuploads%2FHJxAZI8L6TCIyPVGcDic%2Fregistration%20of%20land%20and%20township%20establishment%20step_3.png?alt=media\&token=6d9a4e26-e0d3-4882-8e2b-9e9e12f98fa3)

### 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.