Where the authority intends to acquire the land it must wait a minimum of three months after last serving a notice before it can proceed further. After at least three months, but before eighteen months or a longer period fixed either by:
- agreement between the authority and the interested parties;
- the Court (Land and Valuation Division of the Supreme Court or the Environment, Resources and Development Court; or
- the Minister, by notice in the Gazette, to allow adequate time for negotiation in relation to native title.
the authority must publish a notice of acquisition in the Government Gazette.
When the notice is published the land is held to be acquired by the authority. Copies of this notice must also be served on anyone with an interest in the land and on the Registrar at the Lands Titles Office so as to record the change on the title. In addition, the notice must be published in a newspaper circulating widely throughout the State.
If the authority decides not to proceed with any acquisition or after eighteen months or any longer period fixed after serving a notice of intention to acquire land it lapses, compensation may be claimed. Compensation must be claimed in writing within 6 months.
[see Land Aquisition Act 1969 (SA) ss 15 and 16]
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