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Botswana Housing Corporation - Entry Upon, And Compulsory Acquisition Of, Land (Ss 27-28)

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27.     Entry upon land

 

            (1) In so far as is required in order to secure the development or utilization of property for the provision of housing or other buildings in the national interest the Corporation may by such assistants, servants or agents and with such workmen, animals, vehicles, appliances and instruments as are necessary for the purpose of investigating and planning the use of land for housing or other buildings enter upon any land and-

     (a)     survey and take levels of land, dig or bore under the subsoil, and do all other acts necessary to ascertain whether land is suitable for housing or other buildings purposes;

     (b)     clear, set out and mark the boundaries of land in respect of which it is proposed to prepare a housing or other buildings scheme:

            Provided that-

      (i)     no person shall enter upon any land or into any building or enclosed place thereon (except with the consent of the owner or occupier thereof) without previously giving such owner or occupier at least seven days' notice of his intention to do so;

      (ii)     reasonable notice of the intention to exercise any of the other powers conferred by this subsection shall be given to the owner or occupier of the land;

     (iii)     as little damage and inconvenience as possible shall be caused by the exercise of any of the powers conferred by this subsection.

            (2) After any entry upon land made under subsection (1), the Corporation shall promptly pay such compensation (if any) as may be adequate for any damage done or acts performed in pursuance of subsection (1)(a) or (b) and any dispute as to the interest or right of any person claiming an interest in or right over such land, the legality of such entry or acts, or the amount (if any) of compensation to which such person may be entitled by reason of such damage or acts may, if the amount of compensation claimed does not exceed the jurisdiction of a court presided over by a Magistrate Grade I or over having jurisdiction in the area where the land is situated, be referred by any party to such dispute to such court whose decision shall be subject to an appeal to the High Court, and, if the amount claimed does exceed the said jurisdiction, such dispute may be referred to the High Court; and any person aggrieved by any delay in the payment of compensation due to him may apply to the High Court for the purpose of obtaining prompt payment thereof.

 

28.     Compulsory acquisition of land

 

            (1) The Corporation may, with the approval of the President and subject to such conditions as he may impose, by compulsory purchase acquire such land and interests in or rights over land as are necessary for the purpose of providing housing or other buildings or works ancillary thereto by way of housing or other buildings schemes or otherwise.

            (2) No land or interest in or right over land shall be acquired in terms of subsection (1) except where the acquisition is necessary or expedient in order to secure the development or utilization of property for the provision of housing or other buildings or works ancillary thereto in the national interest.

            (3) Application for the approval of the President in terms of subsection (1) shall be made on notice to every person having an interest in or right over the land, interest or right which the Corporation proposes to acquire.

            (4) The President shall not grant approval in terms of subsection (1) unless he is satisfied-

     (a)     that the Corporation is unable to acquire the land, interest or right on reasonable terms by agreement with the owner or holder thereof; and

     (b)     that such land, interest or right is reasonably required by the Corporation for the purpose mentioned in subsection (1).

            (5) When granting approval in terms of subsection (1) the President shall fix a date upon which the acquisition shall take effect.

            (6) Adequate compensation shall be promptly payable by the Corporation to any person having an interest in or right over any property acquired in terms of subsection (1), and any dispute as to such interest or right, the legality of the acquisition, or the amount of compensation to which any such person may be entitled by reason of the acquisition shall be determined in accordance, mutatis mutandis, with the provisions of the Acquisition of Property Act and for the purpose of such determination and for the purpose of obtaining prompt payment of compensation such person shall have all the rights of access to the High Court provided by the said Act.