Malaysia legislation
Section 15
of Land Custody and Development Authority Ordinance, 1981 ( Ord. No. 4/81 )
Section 15
⎯(1)
Where it is not possible to develop any land by arrangement or agreement with the owner, the Authority may, with the approval of the Minister, acquire such land by compulsory acquisition for the purpose of carrying out any of its functions under this Ordinance.
(2)
Where land over which native customary rights are exercised is required for the purposes of this Ordinance, such rights may be extinguished in accordance with section 5 of the Land Code
[Cap. 81 (1958 Ed.)].
(3)
The purpose for which land is acquired pursuant to the provisions of this section shall be deemed to be a public purpose under the Land Code.
(4)
When such land is to be acquired compulsorily under subsection (1), an order shall be published in the Gazette declaring that the land described in the order shall be compulsorily acquired at the expiration of the period of three months from the date of the publication of such order, and a copy of the order shall be served on the Director of Lands and Surveys and on the owner and occupier of such land, if such owner or occupier cannot be found, a copy of the order shall be fixed on some conspicuous part of such land.
(5)
Upon the expiration of such period, such land shall vest in the Authority free of all encumbrances and the Register kept under the
Land Code [Cap. 81 (1958 Ed.)], in which the title to such land is registered, shall be rectified accordingly.
(6)
Compensation shall be payable by the Authority in respect of any land compulsorily acquired under subsection (1).
(7)
In assessing the compensation payable in respect of any land or building or any interest therein proposed to be acquired compulsorily pursuant to subsection (1) the estimate of the value of the building or land shall be based upon the fair market value thereof at the date of publication of the declaration under subsection (4), due regard being had to the nature and condition of the property, the probable duration of the building in its existing state, and the state of repair thereof, without giving any allowance in respect of the compulsory purchase or other matters :
Provided that when assessing the compensation payable in respect of any land or building situated within a Native Area Land to which the declaration relates, compensation shall be based in the fair market value that would have been obtainable if the land or building were situated within a mixed zone land.
(8)
The expenses and compensation in respect of any land acquired or customary rights extinguished pursuant to the provisions of this section shall be paid by the Authority.
(9)
If the person to whom compensation is offered under subsection (7) is aggrieved by the amount thereof, he may request that the matter be referred by the Authority for the determination of the
High Court and sections 56 to 59, 62 to 72 and 76 to 78 of the Land
Code shall mutatis mutandis apply for the purpose of determining the amount of compensation to be awarded.
Application by persons who require land for development purposes