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Cap. 573 · Government Lands Act (Cap. 573)

Cap. 573 Art. 66Interests.       Cap. 158. Landoccupiedby competent authority without Declaration.

PART IV

In forceOfficial text

(1) In the cases referred to in articles 64 and 65, the owner also has the right to receive interest with the simple rate of eight per cent on the compensation that has been established by the

Arbitration Board as updated during the years in accordance to the index of inflation published in the schedule of the Housing

(Decontrol) Ordinance and this interest shall start accruing from the date when the Declaration has been published.

(2) If there is a contestation between the owner and the Lands Authority regarding the interest that shall be paid, the owner shall file an application so that the issue would be resolved by the Arbitration Board. This application shall be filed till not later than six months from when the contract of transferring the land has been paid by the parties or from when the decision of the Board become res judicata.

(3) This application shall be served to the authority who shall have a right to reply within twenty days.

(4) The Arbitration Board shall decide the issue within a peremptory period of not longer than six months from when the application has been served to the authority. a 67. (1) When land not subject to a Declaration is occupied or administered by a competent authority, anyone who proves to the a satisfaction of the Arbitration Board that he is owner of the land by valid title may either request that the land be acquired by absolute purchase by the Lands Authority or else that the land be relinquished free and unencumbered from any occupation.

(2) This action shall be done by means of an application filed in the Registry of the Arbitration Board which shall be addressed against the authority who shall have a right of reply within twenty days from when it has been served with the application.

(3) The authority shall indicate in its reply whether the Government wants to acquire the land with absolute purchase or else return the land to the owner.

(4) Should the authority indicate in its reply that it wants to acquire the land by absolute purchase it shall prove to the satisfaction of the Board that the land is required for public purposes.

(5) Should the Arbitration Board be satisfied that the land is required for public purpose, it shall fix a period of time within which the owner and the authority have to declare the amount of compensation which should be paid for the transfer of the land.

(6) If the parties disagree on the compensation to be paid, it shall be for the Arbitration Board to determine the fair compensation for the transfer of the land, provided that the compensation cannot be higher than the amount indicated by the owner or lower than the amount indicated by the authority.

(7) The value of the land shall be taken to be the amount which the land if sold by a willing seller might be expected to realize and shall be calculated on the value of the land at the time when the application was filed in terms of this article.

(8) In combination with the demands for purchase or relinquishment of the land, one can make a request so that the Arbitration Board liquidates and orders the authority to pay for material damages and moral damages that have been suffered by the owner for all the years that the land has been occupied without any issuance of the Declaration.

(9) Everyone shall forfeit his right of action in accordance with this article if he fails to proceed within five years from the entry into force of this Act. This period is peremptory and cannot be renewed.