sec.57Compensation for lessee in circumstances of contested boundary relocation

sec.57 Compensation for lessee in circumstances of contested boundary relocation

If an order of the Land Court, in a decision on an application for a contested boundary relocation, provides for a boundary relocation that will operate to the detriment of the lessee of the 1985 Act granted lease, the lessee may apply to the Land Court for an order that the State pay an amount of compensation. The Land Court must decide the application. The amount of compensation the court may order must be only the amount reasonably necessary to compensate the applicant for— the extent to which the value of the lessee’s interest in land or improvements has been decreased without a compensating increase in the value of the lessee’s interest in land or improvements; and expenses to be incurred by the lessee in taking practical measures needed because of the contested boundary relocation. The application must be made within 28 days, or a longer period approved by the court, after the court decides the application to make the contested boundary relocation. The parties to the proceeding before the Land Court are— the Minister; and the lessee. (sec.57-ssec.1) If an order of the Land Court, in a decision on an application for a contested boundary relocation, provides for a boundary relocation that will operate to the detriment of the lessee of the 1985 Act granted lease, the lessee may apply to the Land Court for an order that the State pay an amount of compensation. (sec.57-ssec.2) The Land Court must decide the application. (sec.57-ssec.3) The amount of compensation the court may order must be only the amount reasonably necessary to compensate the applicant for— the extent to which the value of the lessee’s interest in land or improvements has been decreased without a compensating increase in the value of the lessee’s interest in land or improvements; and expenses to be incurred by the lessee in taking practical measures needed because of the contested boundary relocation. (sec.57-ssec.4) The application must be made within 28 days, or a longer period approved by the court, after the court decides the application to make the contested boundary relocation. (sec.57-ssec.5) The parties to the proceeding before the Land Court are— the Minister; and the lessee.

• (a) the extent to which the value of the lessee’s interest in land or improvements has been decreased without a compensating increase in the value of the lessee’s interest in land or improvements; and
• (b) expenses to be incurred by the lessee in taking practical measures needed because of the contested boundary relocation.
• (a) the Minister; and
• (b) the lessee.