ROADS ACT 1993 - SECT 68
Entitlement to compensation
ROADS ACT 1993 - SECT 68
Entitlement to compensation
68 Entitlement to compensation
(1) If access across the boundary between any land and a public road is
restricted or denied as a result of the road becoming a freeway, transitway or
controlled access road, or if a person has started to construct a means of
access to a freeway, transitway or controlled access road before its
declaration as such and the consent of TfNSW to its completion is refused, the
roads authority must pay compensation to the owner of the land for any loss or
damage arising from the loss of access.
(2) Compensation is not payable to
the owner of any land merely because--
(a) adjacent land is acquired by TfNSW
for the purpose of opening a new freeway, transitway or controlled access road
or widening an existing freeway, transitway or controlled access road, and
(b) access is restricted or denied across the boundary between the owner's
land and such part of the freeway, transitway or controlled access road as
comprises the land so acquired.
(3) Compensation is payable under this
Division only if a claim for the compensation is made within 12 months after
the land concerned has been declared to be a freeway, transitway or controlled
access road.
