South Australian Consolidated Acts South Australian Consolidated Acts31—Land Acquisition Act applies where road opened
(1) Where a road is
opened pursuant to this Act over land not owned by the council—
(a) the
council must—
(i)
serve notice in writing of the road process order on each
person who had an interest in the land immediately before it vested in the
council by virtue of the road opening; and
(ii)
append to the notice an offer in writing stating the
total amount of compensation that the council proposes to pay to the person
and dividing that amount, so far as is practicable, into its separable
components; and
(b)
compensation is payable by the council in respect of the land and the
provisions of the Land Acquisition Act 1969 apply in relation to the
road opening as if—
(i)
the road opening were an acquisition of the land and the
council were an Authority under that Act; and
(ii)
the notice of the road process order and its confirmation
by the Minister published in the Gazette pursuant to this Act were a notice of
acquisition in respect of the land published pursuant to that Act; and
(iii)
the notice and offer of compensation served pursuant to
paragraph (a) were a copy of a notice of acquisition and offer served on
a claimant for compensation pursuant to that Act.
(2)
Subsection (1) does not apply in relation to land over which a road is
opened if—
(a) a
power of making roads was reserved in the original grant, Crown lease or
agreement to purchase in respect of the land or, in the case of land dedicated
under the Crown Lands Act 1929 , in the notice or other instrument by
which the land was so dedicated; or
(b) the
land is specified in the road process order as land that is, in accordance
with an agreement for exchange, taken for a road in exchange for land subject
to a road closure.