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Matters to be disregarded 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 factors which shall not be taken into consideration have been set out in section 34 of the Land Acquisition Act, which are as follows:

 

Matters to be disregarded in determining compensation

In determining the amount of compensation to be awarded for land acquired under this Act, the Board shall not take into consideration —

 

(a)     the degree of urgency which has led to the acquisition;

 

(b)    any disinclination of the person interested to part with the land acquired;

 

(c)    any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;

 

(d)   any damage which is likely to be caused to the land acquired after the date of the publication of the notification under section 5 by or in consequence of the use to which it will be put;

 

(e)  any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;

 

(f)    any outlay on additions or improvements to the land acquired, which was incurred after the date of the publication of the notification under section 5, unless the additions or improvements were necessary for the maintenance of any building in a proper state of repair, and were carried out with the approval of the Commissioner of Lands;

 

(g) oral or documentary evidence of any conveyance, assignment, transfer or other disposition affecting the acquired land, unless the instrument has been duly stamped and registered in the Registry of Land Titles and Deeds and filed with the Chief Assessor of Property Tax 6 months prior to the date of the publication of the notification under section 5; or

 

(h)   evidence of sales of comparable properties, unless the Board is satisfied that the sales are made bona fide and not for speculative purposes and the onus of proving that the transactions are made bona fide and not for speculative purposes shall lie with the appellant.

[66/73]

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Last updated on 11 Oct 2012