LAND ADMINISTRATION ACT 1997 - SECT 241

LAND ADMINISTRATION ACT 1997 - SECT 241

241 .         How compensation to be determined

        (1)         In determining the amount of compensation (if any) to be offered, paid, or awarded for an interest in land taken under Part 9, regard is to be had solely to the matters referred to in this section.

        (2)         Regard is to be had to the value of the land with any improvements, or the interest of the claimant in the land, assessed as on —

            (a)         in the case of an interest taken for a railway or other work authorised by a special Act — the first day of the session of Parliament in which the Act was introduced; or

            (b)         in the case of an interest taken by agreement under section 168 — the date of the execution of the agreement, unless the agreement provides otherwise; or

            (c)         in the case of an interest to which paragraphs (a) and (b) do not apply — the date of the taking,

                and discounting any increase or decrease in value attributable to the proposed public work.

        (3)         If a notice of intention was registered in relation to the interest on a date before the date referred to in subsection (2), and a transaction relating to the land made between those dates affected the value of the interest, regard may be had to the value of the interest assessed as at the date referred to in subsection (2) and discounting the effect of the transaction.

        (4)         No regard is to be had to the value of any improvements made without the consent of the Minister after the registration of a notice of intention.

        (5)         Subject to subsection (4), in the case of a railway or other work authorised by a special Act, the value of any improvements made after the first day of the session of Parliament in which the Act was introduced but before the registration of the taking order are to be allowed, not exceeding their actual cost.

        (6)         Regard is to be had to the loss or damage, if any, sustained by the claimant by reason of —

            (a)         removal expenses; or

            (b)         disruption and reinstatement of a business; or

            (c)         the halting of building works in progress at the date when the interest is taken and the consequential termination of building contracts; or

            (d)         architect’s fees or quantity surveyor’s fees actually incurred by the claimant in respect of proposed buildings or improvements which cannot be commenced or continued in consequence of the taking of the interest; or

            (e)         any other facts which the acquiring authority, the court, or the State Administrative Tribunal considers it just to take into account in the circumstances of the case.

        (7)         If the fee simple in land is taken from a person who is also the holder in fee simple of adjoining land, regard is to be had to the amount of any damage suffered by the claimant —

            (a)         due to the severing of the land taken from that adjoining land; or

            (b)         due to a reduction of the value of that adjoining land,

                however, if the value of any land held in fee simple by the person is increased by the carrying out of, or the proposal to carry out, the public work for which the land was taken, the increase is to be set off against the amount of compensation that would otherwise be payable under paragraph (b).

        (8)         If the interest in land is taken without agreement, an amount considered by the court or the State Administrative Tribunal or, for the purposes of making an offer, by the acquiring authority, appropriate to compensate for the taking without agreement may be added to the award or offer.

        (9)         The additional amount under subsection (8) must not be more than 10% of the amount otherwise awarded or offered, unless the court or the State Administrative Tribunal, or, for the purposes of making an offer, the acquiring authority, is satisfied that exceptional circumstances justify a higher amount.

        (10)         If the interest in land taken produces any rent or profits, then at the option of the acquiring authority, either —

            (a)         the amount of the rent or profits received by the acquiring authority, less the reasonable cost of collection, for the period from the date of registration of the taking order to the date of the payment of compensation or the date of the award, whichever is earlier, is to be added to the compensation payable; or

            (b)         interest is to be paid on the amount of compensation for the same period, at the rate of 6% per annum, or such higher rate as the acquiring authority, the court, or the State Administrative Tribunal considers adequate having regard to the circumstances of each case,

                but if the interest in land ceases to produce any rent or profits after the taking, interest is to be paid in accordance with paragraph (b).

        (11)         If the interest in land taken does not produce any rents or profits, interest is to be paid at the rate prescribed under section 8(1)(a) of the Civil Judgments Enforcement Act 2004 as at the date of entry for construction or carrying out of the work or the date of registration of the taking order, whichever is earlier, and the interest is payable from —

            (a)         the date of the service of the claim on the acquiring authority; or

            (b)         the date of entry for construction or carrying out of the work,

                whichever is earlier, to the date —

            (c)         when the offer was served on the claimant, if the compensation awarded by the State Administrative Tribunal or the court of competent jurisdiction is not more than the amount offered by the acquiring authority; or

            (d)         of settlement of the claim, in any other case.

        (12)         Subject to subsections (10) and (11) —

            (a)         when any amount representing an advance payment of compensation is paid to a claimant, interest on the total amount of compensation is payable only to the date of the first payment, and interest is payable thereafter only on the balance outstanding from time to time; and

            (b)         when any amount is offered by the acquiring authority as an advance payment of compensation under section 248 and the offer is not accepted by the claimant within 30 days of the day on which it was made, no interest is payable thereafter in respect of the amount so offered.

        (13)         If —

            (a)         the amount of any purchase money or compensation, or any payment on account, is payable under this Part or Part 9; and

            (b)         the acquiring authority causes a notice to be published once in a daily newspaper circulating throughout the State stating that the authority intends to make the payment; and

            (c)         3 months after the publication of the notice, no person has been able, or being able has not agreed, to give a sufficient discharge and receipt in respect of that amount, or any portion of that amount,

                the acquiring authority may cause the moneys to be paid into the Supreme Court and dealt with under section 249, and thereafter is not liable for any further interest payment on the moneys.

        [Section 241 amended: No. 74 of 2003 s. 72(4); No. 55 of 2004 s. 561 and 569; No. 8 of 2009 s. 83(3).]