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Matters to be considered in determining compensation

The matters which the Appeals Board shall take into account in determining how much compensation should be awarded for the compulsory acquisition of my land?

The Appeals Board shall consider only the following matters in determining the amount of compensation for land acquired under the Act (please note that the words underlined and in bold are applicable only in respect of land acquired after 7 July 2014):

 

Matters to be considered in determining compensation

33. —(1)  In determining the amount of compensation to be awarded for land acquired under this Act, the Board shall take into consideration the following matters and no others:

 

(a)  where the date of acquisition of the land is on or after 12th February 2007, the market value of the acquired land —

 

(i)   as at the date of the publication of the notification under section 3(1) if the notification is, within 6 months from the date of its publication, followed by a declaration made under section 5 in respect of the same land or part thereof; or

 

(ii)   as at the date of the publication of the declaration made under section 5, in any other case;

 

(b)  any increase in the value of any other land (such as contiguous or adjacent land) of the person interested likely to accrue from the use to which the land acquired will be put;

 

(c)  the damage, if any, sustained by the person interested at the time of the Collector’s taking possession of the land by reason of severing that land from his other land;

 

(d)  the damage, if any, sustained by the person interested at the time of the Collector’s taking possession of the land by reason of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner;

 

(e)  if, in consequence of the acquisition, he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to that change; and

 

(f)  if, in consequence of the acquisition, any reissue of title is necessary, the fees or costs relating to survey, issue and registration of title, stamp duty and such other costs or fees which may reasonably be incurred.

 

(2) If the value of any other land of the person interested likely to accrue from the use to which the land acquired will be put is increased, the increase is to be set-off only against the amount of compensation that would otherwise be payable under subsection (1)(c) or (d) or both, where applicable.

 

(2)  [Deleted by Act 19/2007 wef 07/05/2007]

 

(3)  [Deleted by Act 19/2007 wef 07/05/2007]

 

(4)  [Deleted by Act 19/2007 wef 07/05/2007]

 

(5)  For the purposes of subsection (1)(a) —

 

(a)     [Deleted by Act 19/2007 wef 07/05/2007]

 

(b)  if the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court or is contrary to law or is detrimental to the health of the occupiers of the premises or to public health, the amount of that increase shall not be taken into account;

 

(c)  [Deleted by Act 19/2007 wef 07/05/2007]

 

(d)  if any land in respect of which a value has been stated by or with the knowledge or consent of the owner thereof in any affidavit, return or other document required to be made or delivered to any public officer under the provisions of any written law and accepted by him at that value for the purposes of assessing the tax or duty payable thereon where the statement was made within two years of the date of the notification under section 5(1) in respect of the land, the market value of the acquired land at the date of the statement shall be deemed not to exceed the value therein contained;

 

(e)  the market value of the acquired land shall be deemed not to exceed the price which a bona fide purchaser might reasonably be willing to pay, after taking into account the zoning and density requirements and any other restrictions imposed by or under the Planning Act (Cap. 232) as at the date of acquisition and any restrictive covenants in the title of the acquired land, and no account shall be taken of any potential value of the land for any other use more intensive than that permitted by or under the Planning Act as at the date of acquisition.

 

(f)  [Deleted by Act 19/2007 wef 07/05/2007]

[3/1998 wef 01/04/1998]

[19/2007 wef 07/05/2007]

 

(6)  For the purposes of this section, the date of acquisition of any land shall be the date of the publication of the notification under section 5(1) declaring that that land is needed for the purpose specified in the declaration.

[Act 2/88 wef 12/02/1988]

 

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Last updated on 11 Oct 2012