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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 94

Promoters of the undertaking may insist on purchase where expence of bridges, &c. exceeds the value.

94. If any such land shall be so cut through and divided as to leave on either
side of the works a piece of land of less extent than half a statute acre, or
of less value than the expence of making a bridge, culvert, or such other
communication between the land so divided as the promoters of the undertaking
are, under the provisions of this or the special Act, or any Act incorporated
therewith, compellable to make, and if the owner of such lands have not other
lands adjoining such piece of land, and require
the promoters of the undertaking to make such communication, then
the promoters of the undertaking may require such owner to sell to them such
piece of land; and any dispute as to the value of such piece of land, or as to
what would be the expence of making such communication, shall be ascertained
as herein provided for cases of disputed compensation; and on the occasion of
ascertaining the value of the land required to be taken for the purposes of
the works the jury or the arbitrators, as the case may be, shall, if required
by either party, ascertain by their verdict or award the value of any such
severed piece of land, and also what would be the expence of making such
communication.

Ss. 9598 rep. by SLR (NI) 1954

And with respect to any such lands being common or waste lands:


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