Singapore legislation
Section 40
Section 40
Authority may compulsorily acquire property sold subject to the provisions of this Part
(1)
The Authority may compulsorily acquire any flat, house or building sold subject to the provisions of this Part —
if the owner thereof and his spouse, if any, have, in the opinion of the Authority, ceased to occupy the same;
if the owner thereof or his spouse has at any time, whether before or within 10 years from the date of the purchase of the flat, house or building from the Authority, acquired whether by operation of law or otherwise any title to or an estate or interest in any other flat, house, building or land;
if the owner thereof has, in the opinion of the Authority, used the flat, house or building otherwise than for the purpose permitted by the lease;
if the owner thereof has failed to perform or observe any condition in the lease to be performed or observed on the part of the owner after a notice in writing has been sent by the Authority drawing his attention to the non-performance or non-observance of the condition in the lease and the Authority is of the opinion that he is likely to continue to do the same if he should continue to own the flat, house or building;
if the owner thereof has made a misleading or false statement in his application to the Authority for the purchase of the same;
if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, in his application to the Authority for the purchase of the same; or
if the owner thereof assigns, underlets or parts with the possession of the same or any part thereof in breach of a condition in the lease against assigning, subletting or parting with possession.
(2)
Subsection (1)(b) shall not apply to any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow which the owner or his spouse has acquired with the prior written consent of the Authority.
(b)
For the purposes of paragraph (a), “commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act [Cap. 232] or any other written law for the purpose of carrying on any business or which is lawfully so used.
(3)
Where the Authority intends to exercise its powers of compulsory acquisition conferred by this section, the Authority shall serve a notice in writing on the owner of the flat, house or building and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat, house or building (referred to in this Act as an interested person) stating the Authority’s intention to acquire the premises and the compensation to be paid therefor.
(4)
An owner or interested person who objects to a proposed acquisition by the Authority may within 28 days after the date of the service of the notice referred to in subsection (3), submit in writing to the Authority precisely the grounds upon which he objects to the acquisition and the compensation offered by the Authority.
(5)
The Authority shall consider the objection and may either disallow it or allow it either wholly or in part, and shall serve the owner or interested person by post or otherwise with a written notice of its decision.
(6)
Any owner or interested person aggrieved by the decision of the Authority may, within 28 days after the date of the service of such decision, appeal to the Minister whose decision shall be final.
(7)
This section shall not limit or affect the powers conferred upon the Authority by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re-entry for a breach of the conditions of a lease.[39G