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" ... subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court. (3) The amount of the compensation and the time and manner of payment must be... "
Compendium of South African Environmental Legislation - Page 8
edited by - 2006 - 565 pages
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International Law Reports, Volume 61

E. Lauterpacht - 1981 - 732 pages
...for the nature and extent of the compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts.]...
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The Constitution of the Federal Republic of Germany

David P. Currie - 1994 - 460 pages
...regulating the nature and extent of compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. In case of dispute regarding the amount of compensation, recourse may be had to the courts of ordinary...
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Politics and Government in Germany, 1944-1994: Basic Documents

Carl Christoph Schweitzer - 1995 - 504 pages
...for the nature and extent of the compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts....
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The Constitutional Jurisprudence of the Federal Republic of Germany

Donald P. Kommers - 1997 - 656 pages
...purpose. According to Article 14 (3), the extent of compensation "shall be determined by establishing an equitable balance between the public interest and the interests of those affected." The general rule in Germany is that the taking of private property is admissible only when adequate...
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Challenges to Law at the End of the 20th Century: Rights

International Association for Philosophy of Law and Social Philosophy. World Congress - 1997 - 252 pages
...is permitted in service of the public weal, if compensation is paid; compensation is to be based on an equitable balance between the public interest and the interests of those affected. '4 There is a cleartension in this understanding of property in the German constitution: property is...
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The Unification of Germany in International and Domestic Law

Ryszard W. Piotrowicz, Sam Blay - 1997 - 248 pages
...regulating the nature and and extent of compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected." See Article 135 a (2) Basic Law as amended, whereby liabilities of the GDR or its legal entities as...
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Property and the Constitution

Janet McLean - 1999 - 297 pages
...regulating the nature and extent of compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected". This text, juxtaposed with section 1's statement that the "content and limits [of property] shall be...
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The Right to Property in Commonwealth Constitutions

Tom Allen - 2000 - 302 pages
...compensation according to the criteria of section 25(3), but as section 25(3) requires compensation that is 'just and equitable, reflecting an equitable balance...public interest and the interests of those affected', it already embodies the balancing principle of section 36. It appears, therefore, that the Panel of...
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Constitutional Comparison: Japan, Germany, Canada and South Africa As ...

F. Venter - 2000 - 316 pages
...regulating the nature and extent of compensation. Such compensation has to be determined by establishing an equitable balance between the public interest and the interests of those affected. Regarding disputes about the amount of compensation, recourse to the courts of ordinary jurisdiction...
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Equality and Non-discrimination in South Africa: The Political Economy of ...

Shadrack Gutto - 2001 - 388 pages
...economic and social development. 25. Property (1) No one may be deprived of property except in terms of law of general application, and no law may permit...the property; (c) the market value of the property; W) the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement...
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