sec.41Disposal of land

### sec.41 Disposal of land Notwithstanding any provision of any other Act, where land has been taken either pursuant to an agreement under part 2 , division 3 or by compulsory process under this Act and, within 7 years after the date of taking, the constructing authority no longer requires the land, then the constructing authority shall offer the land for sale to the former owner at a price determined by the valuer-general under the Land Valuation Act 2010 . Unless sooner accepted by the former owner the offer shall lapse at the expiration of 28 days after it is made. In this section— Minister includes a relevant Minister, other than the State Development Minister. the former owner in relation to land means— where only 1 person had an interest in the land at the date of acquisition and that person is still alive or, in the case of a corporation, in existence—that person; or in any other case—such person or persons (if any) as the Minister, in the Minister’s absolute discretion, having regard to the interest that existed in the land at the date of acquisition, considers to be fairly entitled to the benefit of this section. A person contracting or otherwise dealing with the constructing authority is not concerned to inquire whether the requirements of this section have been complied with, and the title of such a person to land acquired from the constructing authority is not affected by any failure to comply with those requirements. s 41 amd 1969 No. 33 s 8 ; 1998 No. 48 s 17 sch ; 2010 No. 39 s 325 sch 1 pt 2 ; 2013 No. 23 s 352 sch 1 pt 1 (sec.41-ssec.1) Notwithstanding any provision of any other Act, where land has been taken either pursuant to an agreement under part 2 , division 3 or by compulsory process under this Act and, within 7 years after the date of taking, the constructing authority no longer requires the land, then the constructing authority shall offer the land for sale to the former owner at a price determined by the valuer-general under the Land Valuation Act 2010 . (sec.41-ssec.1A) Unless sooner accepted by the former owner the offer shall lapse at the expiration of 28 days after it is made. (sec.41-ssec.2) In this section— Minister includes a relevant Minister, other than the State Development Minister. the former owner in relation to land means— where only 1 person had an interest in the land at the date of acquisition and that person is still alive or, in the case of a corporation, in existence—that person; or in any other case—such person or persons (if any) as the Minister, in the Minister’s absolute discretion, having regard to the interest that existed in the land at the date of acquisition, considers to be fairly entitled to the benefit of this section. (sec.41-ssec.3) A person contracting or otherwise dealing with the constructing authority is not concerned to inquire whether the requirements of this section have been complied with, and the title of such a person to land acquired from the constructing authority is not affected by any failure to comply with those requirements. - (a) where only 1 person had an interest in the land at the date of acquisition and that person is still alive or, in the case of a corporation, in existence—that person; or - (b) in any other case—such person or persons (if any) as the Minister, in the Minister’s absolute discretion, having regard to the interest that existed in the land at the date of acquisition, considers to be fairly entitled to the benefit of this section.