LAND ACQUISITION AND COMPENSATION (NORTHERN

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LAND ACQUISITION AND COMPENSATION (NORTHERN



24.(1) Subject to paragraph (3), a road authority may acquire land
compulsorily or by agreement for the purpose of mitigating any adverse effect
which the existence or use of a road constructed or improved by them, or
proposed to be constructed or improved by them, has or will have on the
surroundings of the road.

(2) Subject to paragraph (3), a road authority may acquire by agreement

(a)land the enjoyment of which is seriously affected by the carrying out of
works by the authority for the construction or improvement of a road;

(b)land the enjoyment of which is seriously affected by the use of a road
which the authority have constructed or improved,

(3) The powers conferred by paragraph (2)(b) shall not be exercisable unless
the date on which the road or, as the case may be, the improved road is first
open to public traffic falls on or after 17th October 1971 and the powers
conferred by paragraphs (1) and (2)(a) shall not be exercisable unless that
date falls on or after 17th October 1972; and

(a)if that date falls not later than one year after the coming into operation
of this Part

(i)the powers conferred by paragraph (1) to acquire land compulsorily and the
powers conferred by paragraph (2)(a) shall not be exercisable unless the
acquisition is begun before the end of one year after the coming into
operation of this Part;

(ii)the powers conferred by paragraph (1) to acquire land by agreement and the
powers conferred by paragraph (2)(b) shall not be exercisable unless the
acquisition is begun before the end of one year after the coming into
operation of this Part or one year after that date, whichever ends later;

(b)if that date falls more than one year after the coming into operation of
this Part

(i)the powers mentioned in sub-paragraph (a)(i) shall not be exercisable
unless the acquisition is begun before that date;

(ii)the powers mentioned in sub-paragraph (a)(ii) shall not be exercisable
unless the acquisition is begun before the end of one year after that date.

(4) [Article 53 of, and Schedule 4 to, the Roads (Northern Ireland) Order
1980] shall apply to the acquisition of land by a road authority under this
Article as they apply to the acquisition of land under that Act.

(5) For the purposes of paragraph (3) the acquisition of any land is begun

(a)if it is compulsory, on the date on which the notice required by [paragraph
2 of Schedule 6 to the Local Government Act (Northern Ireland) 1972 as applied
by Article 53 of and Schedule 4 to the Roads (Northern Ireland) Order 1980] is
first published;

(b)if it is by agreement, on the date on which the agreement is made;

(6) For the purpose of assessing the compensation payable on the compulsory
acquisition of land under this Article the land shall be treated as if it were
being acquired for the construction of the road or, as the case may be, the
improvement in question.

Para.(7) rep. by 1980 NI 11 art.64(2) sch.9

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Northern Irish Legislation

LAND ACQUISITION AND COMPENSATION (NORTHERN