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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 42

Owners of lands may compel company to purchase lands so temporarily occupied.

42. In all cases in which the company shall in exercise of the powers
aforesaid enter upon any lands for the purpose of making spoil banks or side
cuttings thereon, or for obtaining therefrom materials for the construction or
repair of the railway, it shall be lawful for the owners or occupiers of such
lands, or parties having such estates or interests therein as, under the
provisions in the said Lands Clauses Consolidation Act mentioned, would enable
them to sell or convey lands to the company, at any time during the possession
of any such lands by the company, and before such owners or occupiers shall
have accepted compensation from the company in respect of such temporary
occupation, to serve a notice in writing on the company requiring them to
purchase the said lands, or the estates and interests therein capable of being
sold and conveyed by them respectively; and in such notice such owners or
occupiers shall set forth the particulars of such their estate or interest in
such lands, and the amount of their claim in respect thereof; and the company
shall thereupon be bound to purchase the said lands, or the estate and
interest therein capable of being sold and conveyed by the parties serving
such notice.


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© 1845 Crown Copyright

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