sec.13Provision for taking particular additional land

### sec.13 Provision for taking particular additional land If— a constructing authority proposes to take, or has taken, part of any land; and the taking of the part (the primary part ) will leave, or has left, a parcel of land (the additional land ) that the constructing authority and the owner of the land required to be taken or that was taken agree in writing is of no practical use or value to the owner; the constructing authority also must take the additional land. The taking of the additional land mentioned in subsection (1) is taken to be for a purpose incidental to the carrying out of the purpose for which the primary part is to be, or was, taken. If, by reason of the fact that a boundary of land proposed to be taken (the primary land ) will sever the principal building erected on the land from which the primary land will be severed and of the circumstances of the case relevant thereto, it appears to the Governor in Council that it is desirable that the constructing authority should take additional land approved by the Governor in Council (also the additional land ) being the whole or part of the land from which the primary land will be severed the additional land may be taken as prescribed by this Act and the taking of the additional land shall be deemed to be for a purpose incidental to the carrying out of the purpose for which the primary land is taken. The constructing authority may take the additional land mentioned in subsection (2) when the constructing authority takes the primary land or after the primary land has been taken. A constructing authority may sell or otherwise deal with additional land taken by it under this section in such manner as it thinks fit and the power hereby conferred shall not be subject to the provisions of any other Act which purport to restrict or regulate the exercise by the constructing authority of its power to sell or otherwise deal with land or to the provisions of section 41 . s 13 amd 1969 No. 33 s 5 ; 2009 No. 5 s 10 (sec.13-ssec.1) If— a constructing authority proposes to take, or has taken, part of any land; and the taking of the part (the primary part ) will leave, or has left, a parcel of land (the additional land ) that the constructing authority and the owner of the land required to be taken or that was taken agree in writing is of no practical use or value to the owner; the constructing authority also must take the additional land. (sec.13-ssec.1A) The taking of the additional land mentioned in subsection (1) is taken to be for a purpose incidental to the carrying out of the purpose for which the primary part is to be, or was, taken. (sec.13-ssec.2) If, by reason of the fact that a boundary of land proposed to be taken (the primary land ) will sever the principal building erected on the land from which the primary land will be severed and of the circumstances of the case relevant thereto, it appears to the Governor in Council that it is desirable that the constructing authority should take additional land approved by the Governor in Council (also the additional land ) being the whole or part of the land from which the primary land will be severed the additional land may be taken as prescribed by this Act and the taking of the additional land shall be deemed to be for a purpose incidental to the carrying out of the purpose for which the primary land is taken. (sec.13-ssec.2A) The constructing authority may take the additional land mentioned in subsection (2) when the constructing authority takes the primary land or after the primary land has been taken. (sec.13-ssec.3) A constructing authority may sell or otherwise deal with additional land taken by it under this section in such manner as it thinks fit and the power hereby conferred shall not be subject to the provisions of any other Act which purport to restrict or regulate the exercise by the constructing authority of its power to sell or otherwise deal with land or to the provisions of section 41 . - (a) a constructing authority proposes to take, or has taken, part of any land; and - (b) the taking of the part (the primary part ) will leave, or has left, a parcel of land (the additional land ) that the constructing authority and the owner of the land required to be taken or that was taken agree in writing is of no practical use or value to the owner;