n Comparative and International Law Journal of Southern Africa - Constructive appropriation - the key to constructive expropriation? Guidelines from Canada
|Article Title||Constructive appropriation - the key to constructive expropriation? Guidelines from Canada|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Author||Elmarie Van der Schyff|
|Publication Date||Jul 2007|
|Pages||306 - 321|
This article addresses how the doctrine of constructive expropriation can be accommodated in the South African legal system. Case law has not yet provided clear guidelines and the possibility of expanding the parameters of expropriation by adopting the uniquely Canadian approach to the issue of constructive expropriation, is explored. Canadian jurisprudence recognises that expropriation is a matter involving both fact and law and that when the loss to the aggrieved party is accompanied by a form of appropriation by the expropriating authority, compensation becomes payable. Constructive expropriation could apply in South Africa if the range of appropriation were to be extended to regard any form of gain or benefit at the expense of the property owner's core competence in relation to the property, as an acquisition by the expropriator.
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