ROADS ACT 1993 - SECT 69
Amount of compensation payable
ROADS ACT 1993 - SECT 69
Amount of compensation payable
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 TfNSW and any conditions
attached to such a consent, or that are attributable to any undertaking that
TfNSW 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 TfNSW 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.