OpenLegislation

Paragraph 6

(1)

In assessing the compensation payable in respect of the compulsory acquisition of land under section 2 or 3 of this Act, the Lands Tribunal—

(a)

shall have regard to the extent to which the remaining contiguous lands belonging to the same person may be benefited by the purpose for which the land is authorised to be acquired; and

(b)

shall take into account, and embody in its award, any undertaking given by the Secretary of State as to the use to which the land, or any part of it, will be put.

(2)

In assessing the compensation payable in respect of the compulsory acquisition of rights by virtue of section 3(2) of this Act, the Lands Tribunal—

(a)

shall have regard to the extent to which the land over which the right in question is, or is to be acquired, or any contiguous land belonging to the same person, may be benefited by the purpose for which the right may be authorised to be acquired; and

(b)

shall take into account, and embody in its award, any undertaking given by the Secretary of State as to the manner in which the right will be exercised.

(3)

Where by a compulsory purchase order made in pursuance of section 3 of this Act the Secretary of State acquires two or more rights over land belonging to the same person, or acquires not only one or more rights but also adjoining or adjacent land so belonging then, in applying subparagraph (1) or (2) above, the Lands Tribunal shall consider together the compensation payable in respect of both or all of the rights or, as the case may be, in respect of the right or rights and also the adjoining or adjacent land.

(4)

In its application in respect of a compulsory acquisition under section 2 or 3 of this Act, section 5 of the M1Land Compensation Act 1961 shall have effect subject to subparagraphs (1) and (2) above.

Annotations

Marginal citations

M1

1961 c. 33.