LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 38 Recovery from public bodies of sums paid by way of compensation.

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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 38

Recovery from public bodies of sums paid by way of compensation.

38.(1) Where

(a)a compensatable estate in land is compulsorily acquired by or is sold to a
public body; and

(b)any of the land comprised in the acquisition or sale is land in respect of
which a notice to which this section applies is registered (whether before or
after the completion of the acquisition or sale) in respect of a
planning decision given or order made before the appropriate date;

(2) This section applies

(a)to notices registered under subsection (2) of section 24; and

(b)to notices registered under that subsection as applied by section 27 or 37.

(3) Where

(a)a compensatable estate in land is compulsorily acquired by or is sold to a
public body; and

(b)any of the land comprised in the acquisition or sale is land in respect of
which compensation has been paid or is payable under section 29 or
section 6(4) of the Act of 1944 in relation to any planning decision whereby
permission to carry out any development of a class falling within paragraph 1
or 2 of Schedule 1 is refused or granted subject to conditions;

(i)the amount of the compensation so paid or payable, if the land comprised in
the acquisition or sale includes all the land in respect of which compensation
has been so paid or is so payable; or

(ii)such lesser amount as the Ministry may determine, if the land so comprised
includes only part of the land in respect of which compensation has been so
paid or is so payable.

(4) The Ministry shall not recover any sum under subsection (1) or (3) from a
department of the Government of Northern Ireland unless the Ministry of
Finance so directs.

(5) Subject to subsection (6), if immediately after the completion of the
acquisition or sale, there is outstanding some compensatable estate in the
land comprised therein to which a person other than the public body is
entitled, the sum referred to in subsection (1) or (3) shall not accrue due
until that compensatable estate either ceases to exist or becomes vested in
that body.

(6) Subsection (5) shall have effect in relation to an acquisition or sale if,
and only if, any such outstanding compensatable estate as is mentioned in that
subsection is such that, having regard to all the circumstances, the person
entitled to it might reasonably carry out any relevant development on the land
in which the compensatable estate subsists, if he desired to do so.

(7) Where any dispute arises under subsection (6), it shall be referred to
the Lands Tribunal for determination.

(8) In this section "relevant development" has the same meaning as in
section 24 and "appropriate date" means

(a)where a compensatable estate is being vested in a public body by a vesting
order, the date on which the vesting order is made;

(b)where a compensatable estate is being compulsorily acquired by a
public body in pursuance of the service of a notice to treat, the date on
which any such notice was served;

(c)where a compensatable estate is being sold to a public body, the date of
the contract in pursuance of which the compensatable estate was sold.

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Northern Irish Legislation

LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 38