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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 32

Power to take temporary possession of land without previous payment.

32. Subject to the provisions herein and in the special Act contained, it
shall be lawful for the company, at any time before the expiration of the
period by the special Act limited for the completion of the railway, without
making any previous payment, tender, or deposit, to enter upon any lands
within the prescribed limits, or, if no limits be prescribed, not being more
than two hundred yards distant from the centre of the railway as delineated on
the plans, and not being a garden, orchard, or plantation attached or
belonging to a house, nor a park, planted walk, avenue, or ground ornamentally
planted, and not being nearer to the mansion house of the owner of any such
lands than the prescribed distance, or, if no distance be prescribed, then not
nearer than five hundred yards therefrom, and to occupy the said lands so long
as may be necessary for the construction or repair of that portion of
the railway, or of the accommodation works connected therewith, herein-after
mentioned, and to use the same for any of the following purposes; (that is to
say,)

For the purpose of taking earth or soil by side cuttings therefrom;

For the purpose of depositing spoil thereon;

For the purpose of obtaining materials therefrom for the construction or
repair of the railway or such accommodation works as aforesaid; or

For the purpose of forming roads thereon to or from or by the side of
the railway:

Company to give notice previous to such temporary possession.

© 1845 Crown Copyright

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