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LAND ACQUISITION AND COMPENSATION (NORTHERN
LAND ACQUISITION AND COMPENSATION (NORTHERN >( b ) which have been carried out under Article 25 or 28; B
and it shall be assumed that any relevant works which could be or
could have been carried out, or in respect of which a grant could
be or could have been paid, under any of the provisions mentioned
in sub-paragraph ( a ) have been carried out but, in a case where
the authority having functions under that provision have a discretion
whether or not to carry out the works or pay the grant, only if
they have undertaken to do so. B>[{4}In paragraph ( a ) above
""sound-proofing grants'', in relation to any buildings, means grants
towards the cost of insulating those buildings or parts of those
buildings against noise.] B>(4) The value of the interest in respect
of which the claim is made shall be assessed C >>( a ) subject
to paragraph (5), by reference to the nature of the interest and
the condition of the land as it subsisted on the date of service
of notice of the claim; <1919 c.57 ]
nsation Act (Northern Ireland) 1964 (compensation for acquisition to
include compensation for injurious affection of other land retained),
(3) Paragraph (2) applies whether the acquisition is before, on or
after the date on which this Part comes into force (in this Part
referred to as "the commencement date") and, where it is on or
after that date, the public works for the purposes of which the
land is acquired shall be taken to be those specified in the
relevant particulars registered under paragraph (4).
(4) Where on or after the commencement date an authority possessing
compulsory acquisition powers acquires land for the purposes of any
public works and the person from whom the land is acquired retains
land which, in relation to the land acquired, constitutes other land
or lands within the meaning of the sections mentioned in paragraph
(2), particulars of the land retained and the nature and extent of
those works shall be included amongst the matters which are required
to be registered in the Statutory Charges Register and accordingly
... residue adds para.31 to sch.11 of 1970 c.18 (NI)
(5) In a case in which compensation for injurious affection fell or
falls to be assessed otherwise than in accordance with Article 45,
paragraph (2) shall not preclude the payment of compensation under
this Part in respect of depreciation by public works so far as
situated elsewhere than on the land acquired.
(6) Where after a claim has been made in respect of any interest
in land the whole or part of the land in which that interest
subsists is compulsorily acquired, then, if
(a)the value of that land has been diminished by the public works
to which the claim relates; but
(b)the compensation in respect of the compulsory acquisition falls to
be assessed without regard to the diminution,
(7) Without prejudice to the foregoing provisions of this Article,
compensation shall not be payable in respect of the same
depreciation both under this Part and any other statutory provision.
LAND ACQUISITION AND COMPENSATION (NORTHERN
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URL: http://www.bailii.org/nie/legis/num_act/laac405.txt
