DEFENCE ACT 1842 - SECT 24 Erections on lands taken for a temporary purpose may be removed before the lands are restored to the owner, and compensation shall be made for the injury done.

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DEFENCE ACT 1842 - SECT 24

Erections on lands taken for a temporary purpose may be removed before the lands are restored to the owner, and compensation shall be made for the injury done.

24. In all cases where any lands, buildings, or other hereditaments shall have
been taken under the provisions of the said recited Act of the forty-fourth
year of the reign of His Majesty King George the Third, or shall be taken
under the provisions of this Act, for any term of years, or for such period
only as the exigencies of the public service shall require, it shall be lawful
for the said principal officers, notwithstanding any thing herein-before
contained, or any other law to the contrary thereof notwithstanding, at any
time before the possession thereof shall be delivered up to the owner or
owners thereof, or other person or persons acting on his, her, or their
behalf, to take down and remove all such buildings or other erections which
shall or may have been built or erected thereon for the public service, after
the same was or were so taken as aforesaid, and to carry away the materials
thereof, making such compensation to the owner or owners of such lands,
buildings, or other hereditaments, or other person or persons acting on his,
her, or their behalf, for the damage or injury which may have been done
thereto or to the soil thereof, by the erection of any such buildings, or
otherwise in consequence of the same having been occupied for the public
service, as the said principal officer shall think reasonable, and as shall be
agreed upon in that behalf; and if such owner or owners, or other person or
persons acting on his, her, or their behalf, shall not be willing to accept
the compensation so offered, it shall be lawful for the said principal
officers to apply to and require two justices of the peace of the county,
riding, stewartry, city, or place to settle and ascertain the compensation
which ought to be made for such damage or injury as aforesaid, and such
justices shall settle and ascertain the same accordingly, and shall grant a
certificate thereof; and the amount of such compensation, so settled and
ascertained and certified, shall forthwith be paid by the treasurer,
accountant, or other proper officer for the time being of the office or
department for the use of which such lands, buildings, or other hereditaments
shall have been taken to the person or persons entitled thereto: Provided
always, that nothing in this Act contained shall extend or be construed to
extend to alter, prejudice, or affect any agreement which hath been or shall
or may be entered into by the said principal officers with any owner or owners
of any such lands, buildings, or other hereditaments, or other person or
persons acting on his, her, or their behalf, in relation to any such buildings
or erections; but every such agreement shall remain valid and effectual in
like manner as if this Act had not been passed.

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Northern Irish Legislation

DEFENCE ACT 1842 - SECT 24