Section 33

where the date of acquisition of the land is on or after 12 February 2007, the market value of the acquired land —

as at the date of the publication of the notification under section 3(1) if the notification is, within 6 months from the date of its publication, followed by a declaration made under section 5 in respect of the same land or part thereof; or

as at the date of the publication of the declaration made under section 5, in any other case;

any increase in the value of any other land (such as contiguous or adjacent land) of the person interested likely to accrue from the use to which the land acquired will be put;

the damage (if any) sustained by the person interested at the time of the Collector’s taking possession of the land by reason of severing that land from the person’s other land;

the damage (if any) sustained by the person interested at the time of the Collector’s taking possession of the land by reason of the acquisition injuriously affecting the person’s other property, whether movable or immovable, in any other manner;

if, in consequence of the acquisition, the person interested is compelled to change the person’s residence or place of business, the reasonable expenses (if any) incidental to that change;

if, in consequence of the acquisition, any reissue of title is necessary, the fees or costs relating to survey, issue and registration of title, stamp duty and such other costs or fees which may reasonably be incurred.

the market value of the airspace or subterranean space acquired —

as at the date of the publication of the notification under section 3(1) if the notification is, within 6 months from the date of its publication, followed by a declaration made under section 5 in respect of the same airspace or subterranean space (as the case may be) or part thereof; or

as at the date of the publication of the declaration made under section 5, in any other case;

any increase in the value of any other land (such as contiguous, adjacent or surface land, as the case may be) of the person interested likely to accrue from the use to which the airspace or subterranean space acquired will be put;

the damage (if any) sustained by the person interested at the time of the Collector’s taking of possession of the land by reason of severing that airspace or subterranean space from the person’s other land (such as contiguous, adjacent or surface land, as the case may be);

the damage (if any) sustained by the person interested at the time of the Collector’s taking of possession of the airspace or subterranean space (as the case may be) by reason of the acquisition injuriously affecting the person’s other property, whether movable or immovable, in any other manner;

if, in consequence of the acquisition, the person interested is compelled to change the person’s residence or place of business, the reasonable expenses (if any) incidental to that change;

if, in consequence of the acquisition, any reissue of title is necessary, the fees or costs relating to survey, issue and registration of title, stamp duty and such other costs or fees which may reasonably be incurred.

[Deleted by Act 19 of 2007](b)if the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court or is contrary to law or is detrimental to the health of the occupiers of the premises or to public health, the amount of that increase is not to be taken into account;

[Deleted by Act 19 of 2007](d)if any land in respect of which a value has been stated by or with the knowledge or consent of the owner thereof in any affidavit, return or other document required to be made or delivered to any public officer under the provisions of any written law and accepted by him or her at that value for the purposes of assessing the tax or duty payable thereon where the statement was made within 2 years of the date of the notification under section 5(1) in respect of the land, the market value of the acquired land at the date of the statement is deemed not to exceed the value therein contained;

the market value of the acquired land is deemed not to exceed the price which a bona fide purchaser might reasonably be willing to pay, after taking into account the zoning and density requirements and any other restrictions imposed by or under the Planning Act 1998 as at the date of acquisition and any restrictive covenants in the title of the acquired land, and no account is to be taken of any potential value of the land for any other use more intensive than that permitted by or under the Planning Act 1998 as at the date of acquisition.(f)[Deleted by Act 19 of 2007]