OpenLegislation

Section 118 How value of such lands to be estimated.C3C1C2

Scotland

In estimating the compensation to be given for any such last-mentioned lands, or any F1right or interest in the same, or for any profits thereof, the jury, or arbiters, or sheriff, as the case may be, shall assess the same according to what they shall find to have been the value of such lands, F2right, or interest , and profits, at the time such lands were entered upon by the promoters of the undertaking, and without regard to any improvements or works made in the said lands by the promoters of the undertaking, and as though the works had not been constructed.

Annotations

Textual amendments

F1

Words in s. 118 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 4(19)(a) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2

Words in s. 118 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 4(19)(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Modifications

C1

S. 118 excluded by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 278, Sch. 24 para. 31

S. 118 excluded (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. II para. 31

C2

S. 118 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3), Sch. 3 Pt. III

C3

S. 118 applied with modifications by Gas Act 1972 (c. 60, SIF 44:2), s. 6(5), Sch. 2 para. 29