Malaysia legislation
Section 3
Section 3
(1)
If the Yang di-Pertua Negeri considers that any land should be acquired for a public purpose he may cause a declaration to that effect to be made in the manner provided by this section and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose.
(2)
Every declaration shall be published in two ordinary issues of the Gazette and copies thereof shall be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situate, and, where possible, be served on the owner of the land and in the declaration shall be specified the following particulars to the land which is to be acquired:
(a)
the district in which the land is situate;
(b)
a description of the land, giving the approximate area and such other particulars as are necessary to identify the land;
(c)
in cases where a plan has been prepared, the place where, and the time when, a plan of the land can be inspected;
(d)
the public purpose for which the land is required.
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(3)
Upon the second publication of the declaration in the Gazette as aforesaid the land and the buildings and erections thereon shall, without any conveyance, vest in the
Government free from all encumbrances and shall be deemed to have been surrendered by the lawful owner thereof and the Director of Lands and Surveys shall take or cause to be taken all such steps as are necessary by way of registering memoranda against the titles to the land affected or otherwise to give effect to such order and every person in possession of any title or copy of title affected by this section shall produce such title or copy to the Director of Lands and Surveys or, in Labuan, to the Collector of Land Revenue for such purpose.
(4)
Notwithstanding the provisions of the preceding subsection, where any buildings upon land vested in the Government under the provisions of such subsection are occupied by any person as a residence or for the purposes of a trade or business, then possession shall not be demanded by or on behalf of the Government, unless the land in the opinion of the
Yang di-Pertua Negeri is urgently required for the public purpose, until after the expiration of three months from the date of the first publication of the declaration made under the provisions of subsection (1), but in such case the owner of the land shall account to the
Government for all rents as from the date of vesting or shall allow credit for reasonable rent in any claim for compensation if such owner occupies the building himself.
(5)
Nothing in this Ordinance shall be deemed to prevent the acquisition of lands for public purposes and the settlement of any compensation therefor by private treaty.
Preliminary notification and power to enter land.