LAND ADMINISTRATION ACT 1997 - SECT 243
LAND ADMINISTRATION ACT 1997 - SECT 243
243 . Acts by claimant to make land less suitable for public work to be taken into account
If the State
Administrative Tribunal or the court hearing an action for compensation under
section 202 is of the opinion that the claimant has, at any time after the
date of registration of the relevant notice of intention, or, if no notice of
intention was issued, of the date of taking, done anything upon or under the
land with the effect of making the land less suitable for the purpose of the
public work for which it is taken, the State Administrative Tribunal or the
court is to take that into account, by way of deduction from the amount of
compensation, and if, in its opinion, the action so increases the cost of
executing the public work that the increase in cost exceeds the value of the
land taken, the award is to be for the payment by the claimant to the
acquiring authority of the amount of the excess, and the costs of inquiry.
[Section 243 amended: No. 55 of 2004 s. 562 and
569.]