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Rules for assessing compensation. 2. Compensation in respect of any compulsory acquisition of land shall, subject to the provisions of this Act and any other enactment, be assessed in accordance with the following rules: (1)No allowance shall be made on account of the acquisition being compulsory: (2)The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise: (3)The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any authority authorised or capable of being authorised under any transferred provision to acquire land compulsorily: (4)Where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the occupants of the premises or to the public health, the amount of that increase shall not be taken into account: (5)Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, where reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement: (6)The provisions of rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land.]
© 1919 Crown Copyright
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