Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A corporation may, in accordance with this section, take land for the widening or other alteration of a highway.
(2) Land shall not be taken under this section, unless –
but the existence of a building that has been substantially pulled down, destroyed, or demolished shall be disregarded for the purposes of this subsection.(a) every part of it is within 3 metres of the boundary of an existing highway; and
(b) no building specified in subsection (3) is situated wholly or partly on the land or within 3 metres of its boundary –
(3) The buildings referred to in subsection (2)(b) are shops, dwellings, offices, warehouses, workshops, garages, and other similar buildings.
(4) Where the corporation intends to take land under this section, it may serve notice on the owner requiring the dedication of the land as a highway and informing him that in consideration of the dedication compensation is payable by the corporation as provided by this section.
(5) Where land has not been dedicated as required by a notice served under subsection (4), the corporation may enter and take possession of the land if, at least 30 days previously, it has served notice on the owner stating that it intends to do so and specifying the amount of the compensation it considers that he will be entitled to receive.
(6) Where land has been dedicated under this section, the persons having estates or interests in the land are entitled to compensation determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993.
(7) For the purposes of the determination of the compensation payable under this section in respect of the dedication of any land, the value of the land shall be taken to be a sum of an amount that is 20 per cent greater than an amount that bears to the land value of the block of which it formed part the same proportion as the area of the land bears to the area of the block.
(8) No compensation is payable under this section in respect of the matters referred to in section 27 (1) (c) and (e) of the Land Acquisition Act 1993, but, in the case of land taken for the widening of a highway, the corporation may, if in its opinion the widening will be detrimental to the block from which the land is taken, pay compensation in addition to that which it is otherwise required under this section to pay.
(9) In respect of the taking of land under this section, the compensation payable under the Land Acquisition Act 1993 is to include the costs of replacement or construction of any walls, fences, steps, ramps, and other works reasonably required as a consequence of the works carried out on the land and to preserve reasonable means of access from the block from which the land is taken to a highway.