BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 15

Compensation for injurious affection caused by execution of works.

15.(1) Where, by reason of the execution of works on land acquired (whether
compulsorily or otherwise) by any authority having power under any
transferred provision to acquire that land compulsorily, any other land is
injuriously affected, that authority shall, subject to any provision to the
contrary in that transferred provision and subject to and in accordance with
the following provisions of this section, pay compensation in respect of the
injurious affection.

(2) Compensation in respect of injurious affection shall not be payable under
this section to any person from whom any land has been acquired by the
acquiring authority for the purpose of executing the works and to whom any
compensation is payable under section 14 by that authority in respect of that
injurious affection.

(3) Compensation shall be payable under this section only in respect of
injurious affection which would, but for the provisions of the
transferred provision authorising the execution of the works, have given rise
to a right of action for damages against any person causing the injurious
affection.

(4) In assessing compensation payable under this section, regard shall be had
to any benefit which the person entitled to the compensation may derive from
any works carried out or to be carried out on the land acquired by the
acquiring authority.

(5) Where the acquiring authority undertake, before the compensation payable
under this section is agreed upon or determined, to make alterations or
additions or to construct additional works or to abandon part of the land
acquired or to grant other lands or easements, the compensation shall be
determined having regard to such undertaking.

(6) Where for the purpose of assessing the amount of any compensation payable
under this section the value of any land is required to be determined, that
value shall, except in so far as any other transferred provision (whether
passed before or after the commencement of this Act) otherwise provides, be
determined in accordance with rules (2) to (4) of section 2 of the Acquisition
of Land Act.


[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

© 1964 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/ltacai1964463/s15.html