New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 69

69 Amount of compensation payable

(1) The amount of compensation payable under this Division is an amount equal to the difference between the market value of the land immediately before, and the market value of the land immediately after, the right of access was restricted or denied.

(2) In determining the amount of compensation:

(a) the assessment of the market value of the land at the time it became subject to the restrictions must take into account any modifications of the restrictions that are attributable to any consent given by RMS and any conditions attached to such a consent, or that are attributable to any undertaking that RMS has given or promised, and

(b) there must be taken into consideration any benefit that may accrue to any other land in which the claimant has an interest because of the construction or improvement (whether by RMS or any other person) on land adjacent to that in respect of which the compensation is claimed of any road after the restrictions took effect or because of the effect of the restrictions, and

(c) no account may be taken of the fact that, since the land became subject to the restrictions, the interest of the claimant has become, or has ceased to be, the same as the interest of the claimant in other land.