Section 21

Where the Yang di-Pertua Negeri, on behalf of the State of Sabah, desires to acquire land under this Ordinance by compulsory acquisition he shall, by order published in the Gazette, declare that the land described in the order shall be compulsorily acquired as aforesaid, and cause to be deposited in the office of the Director of Lands and Surveys* a copy of the order together with a plan, prepared by or on behalf of the Deputy Director of

Lands and Surveys* of the land to be acquired by compulsory acquisition.

Upon publication of such order as required by subsection (1) the land and the buildings and erections thereon shall, without any conveyance, vest in the Yang di-Pertua

Negeri free of all incumbrances and the Director of Lands and Surveys* shall take or cause to be taken all such steps as are necessary either by way of registering memoranda against the titles to the land affected or otherwise to give effect to such order.

In respect of such compulsory acquisition compensation shall be assessed in the manner provided by the Land Acquisition Ordinance [Cap. 69.], and the provisions of that

Ordinance relating to the assessment of compensation shall, save where modified by this

Ordinance, apply to such compulsory acquisition:

Provided that for the purpose of such provisions, the value of the land shall be taken to be the amount which the land, in its condition at the time of acquisition, if sold in the open market by a willing seller, might have been expected to have been realised either at the material date or, if an order under subsection (1) is published after a period of five years from the material date has elapsed, at the date of the publication of such order.

* See foot-note at p.16.

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Powers of entry, etc., for carrying out approved scheme.