LAND ACQUISITION AND COMPENSATION (NORTHERN

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LAND ACQUISITION AND COMPENSATION (NORTHERN



60.(1) Where the whole or part of a hereditament or agricultural unit is
comprised in land of any of the specified descriptions, and a person claims
that

(a)he is the personal representative of a person ("the deceased") who at the
date of his death was entitled to an interest in that hereditament or unit;
and

(b)the interest was one which would have qualified for protection under Part I
of the Act of 1971 if a notice under section 3 of that Act had been served in
respect thereof on that date; and

(c)he has made reasonable endeavours to sell that interest; and

(d)in consequence of the fact that the hereditament or unit or a part of it
was, or was likely to be comprised in land of any of the specified
descriptions, he has been unable to sell that interest except at a price
substantially lower than that for which it might reasonably have been expected
to sell if no part of the hereditament or unit were, or were likely to be,
comprised in such land; and

(e)one or more individuals are (to the exclusion of any body corporate)
beneficially entitled to that interest,

(2) Paragraph (1) applies to an interest in part of a hereditament or
agricultural unit, but this paragraph does not enable any person

(a)if the deceased was entitled to an interest in the entirety of a
hereditament or agricultural unit, to make any claim or serve a blight notice
in respect of the deceased's interest in part of the hereditament or unit; or

(b)if the deceased was entitled to an interest only in part of a hereditament
or agricultural unit, to make any claim or serve a blight notice in respect of
the deceased's interest in less than the entirety of that part.

(3) Subject to Article 62(2), the grounds on which objection may be made in a
counter-notice under section 5 of the Act of 1971 to a notice under this
Article are those specified in paragraphs (a) to (c) of subsection (2) of that
section and, in a case to which it applies, the grounds specified in paragraph
(g) of that subsection and also the following grounds

(a)that the claimant is not the personal representative of the deceased or
that, on the date of the deceased's death, the deceased was not entitled to an
interest in any part of the hereditament or agricultural unit to which the
notice relates;

(b)that (for reasons specified in the counter-notice) the interest of the
deceased is not such as is specified in paragraph (1)(b);

(c)that the conditions specified in paragraph (1)(c), (d) or (e) are not
fulfilled.

(4) For the purpose of section 4(4) and (5) of the Act of 1971 (which prevent
the service of concurrent blight notices under sections 3 and 4 of that Act) a
blight notice served under this Article shall be treated as a blight notice
under the said section 3.

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Northern Irish Legislation

LAND ACQUISITION AND COMPENSATION (NORTHERN