10Amount of special compensation

10 Amount of special compensation

(1)  *[Section 10 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*Special compensation for the purposes of this Act is an increase in the compensation to which a person whose estate or interest has been acquired compulsorily under section 8 is otherwise entitled under the Land Acquisition Act 1993 .

(2)  *[Section 10 Subsection (2) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*It amounts to the difference between –

(a) three-quarters of the amount determined as provided in subsection (3) ; and

(b) the compensation to which the claimant is otherwise entitled under the Land Acquisition Act 1993 .

(3)  For the purposes of paragraph (a) of subsection (2) , an amount shall be determined that shall be equal to the compensation that would have been determined if –

(a) there were not at any time a risk of any earth movement in any of the prescribed lands;

(b) where any improvement on the land has been demolished or removed as a consequence of damage or injury caused by earth movement, that improvement were still as it was just before it first suffered such damage or injury;

(c) where any improvement on the land has been demolished or removed as a consequence of earth movement before suffering any damage or injury therefrom, that improvement were still as it was just before it was demolished or removed; and

(d) where any improvement on the land has suffered damage or injury as a consequence of earth movement, that improvement were still as it was just before it first suffered such damage or injury.

(4)  In assessing the value of lands for the purposes of subsection (3) –

(a) regard shall be had to the value of lands in localities (being localities where no earth movement has taken, or is likely to take, place) which have been developed in a similar manner to the prescribed lands in the vicinity of the lands whose value is to be assessed and which contain a similar class of property to that contained in the land to be assessed; and