Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 42

Reinstatement in particular circumstances

42. Reinstatement in particular circumstances

If-

   (a)  acquired land was, immediately before the date of acquisition, used
        for a purpose for which there is no general market for land and, but
        for the acquisition, would have continued to have been used for that
        purpose; and

   (b)  the claimant has acquired, or intends in good faith to acquire, an
        interest in other land in substitution for the interest in the
        acquired land and intends in good faith to use the other land for the
        same purpose for which the acquired land was used-

there may be taken into account, in place of market value, an amount
ascertained by adding together-

   (c)  the expense of acquiring the interest in the other land; and

   (d)  the expenses and losses incurred or likely to be incurred by the
        claimant as a result of, or incidental to, relocation-

in each case ascertained as at the date when, in all the circumstances, it
was, or would be, reasonably practicable for the claimant to incur the
expenses or losses, and by subtracting from the amount so ascertained the
amount, if any, by which the claimant has improved, or is likely to improve,
the claimant's financial position by the relocation.