Town Council of Cape Town v Commissioner of Crown Lands and Public Works, and the Railway Engineer of the Colony [1880] ZASCCGH 6 (10 February 1880)

Act 1 of 1861, § 15.-Act 19 of 1874, § 3.-Act 9 of 1858, §§ 11, 12, 13.-Public Roads.-Right of Crown to erepropriate lands for purpose of making such roads.Rule as to municipal lands,

The Railway Department of, the Colony required a portion of
the Cape Town Parade for railway purposes. The Governor in terms of Act 1 of 1861, gave the Council leave to alienate. The department could not come to terms with the Town Council and appropriated the land in question under the provisions of Act 19 of 1874 and Act 9 of 1858, leaving the question of compensation to be settled afterwards. On the Town Council applying for an interdict to restrain the Railway Department from thus expropriating the land.
Held, that even independently of Act 9 of 1858, the Crown may when authorized "by the Legislature to construct roads for the use of the public take or use any lands not its own - required for the purpose, upon paying a reasonable compensation to the owner, and that this rule would-apply to municipal lands as -soon as their alienation had been to in terms of Act 1 of 1861, § 75.
And further that since under Act 19 of 1874, § 3, the Railway
Department was entitled to empropriate the land in question, for the purpose of any railway authonzed to be constructed by that Act, and to leave the question of compensation to be settled afterwards; and since the purpose for which the land was required was authorized by the said, Act, the application for an  interdict must be, dismissed with costs.