(1) If an acquiring
authority fails to serve on a claimant an offer of compensation within 120
days after the relevant day, the claimant may either —
(a)
institute an action for compensation against the acquiring authority; or
(b)
refer the claim for the compensation to the State Administrative Tribunal.
(2) For the purposes
of this section, the relevant day is —
(a) if
no notice disputing the claim was served — the latest of —
(i)
the day of service of the claim; or
(ii)
the day of service of any amendment to the claim; or
(iii)
the day of compliance with any requirement for further
particulars;
or
(b) if
the title of claimant was disputed and the Supreme Court upheld the
claimant’s title in whole or in part under section 216 — the day
of the judgment.
[Section 221 amended: No. 55 of 2004 s. 569.]