Expropriated Land Can Be Returned – If The Intended Purpose Falls Away

Can land that was taken by the government be given back if the reason for taking it no longer exists? A recent High Court ruling suggests that it can.

According to the new Expropriation Act, which is not yet in effect, the government can only take land for a valid "public purpose" or "in the public interest." This is based on Section 25(2) of the Constitution.

A recent court case, Smith v Buffalo City Municipality & Others, explored what happens when the land is no longer suitable for the reason it was taken. The court decided that if the intended purpose for taking the land falls away, the government no longer has a legal or moral right to keep it. In this case, the court ruled that the continued seizure of the land becomes unconstitutional, and it should be returned to its original owner.

This ruling confirms that a valid public purpose must exist not only at the time the land is taken but must also remain viable. If it doesn't, the original owner may have a claim to get their land back.

While this judgment is not binding on all other courts, it sets a potential precedent for future cases and strengthens the constitutional rights of property owners.