Development Victoria Act 2003
43Right to compensation on surrender or divesting
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43 Right to compensation on surrender or divesting
(1) Subject to this Act and the Land Acquisition and Compensation Act 1986, every person (other than a public statutory body) who immediately before the publication of an order under section 39 had a legal or equitable estate or interest in land to which the order applies, has a claim for compensation.
(2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the publication of the order were a notice of acquisition of that estate or interest or right and the Minister had acquired that estate or interest or right on behalf of the Crown.
S. 43(3) amended by No. 10/2017 s. 24(4).
(3) In determining the amount of compensation to be paid under this section, no allowance is to be made for the enhancement of the value of the land attributable to any action of Development Victoria.