Article 28 Acquisition of subsoil and airspace onlyI1

The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of and the airspace over the land referred to in F1Paragraph (1) of article 21 (compulsory acquisition of land) or article 25 (compulsory acquisition of rights and imposition of restrictive covenants) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

Where the undertaker acquires any part of, or rights in, the subsoil of, or the airspace over, any land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.