20Compensation for injurious affection of land

20 Compensation for injurious affection of land

(1)  Except as provided in section 21 the undertakers shall make compensation to all persons having a lawful interest in any land, other than land purchased by the undertakers, in or upon which any works connected with the undertaking may be constructed or done, or which may be injuriously affected by the construction and maintenance of the undertaking or otherwise by the exercise by the undertakers of any powers conferred upon them by this Act, for all damage sustained by reason of the exercise, as to such land, of the powers so vested in the undertakers.

(2)  Any person claiming compensation under this section shall prefer his claim by notice in writing, specifying –

(a) the place of abode of the claimant;

(b) the particular act occasioning the damage for which compensation is claimed;

(c) the nature and amount of such damage; and

(d) the nature of the title or interest of such claimant in or to the land in respect of which the claim is referred.

(3)  If the undertakers, by notice served upon any person, require him to make a claim for compensation for any damage occasioned by the exercise, prior to such service, of any of the powers conferred on the undertakers by this Act, that person is not entitled to compensation for any damage sustained by reason of the exercise of any such powers prior to the service of the notice unless he prefers his claim, in accordance with this section, within 6 months after the service on him of the notice.

(4)  [Section 20 Subsection (4) amended by No. 24 of 1993, s. 3 and Sched. 1 ][Section 20 Subsection (4) substituted by No. 46 of 1997, s. 5, Applied:11 Nov 1998] If the claimant and the undertakers do not agree as to the amount of the compensation, the claim for compensation is to be determined –

(a) [Section 20 Subsection (4) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] if it is a minor civil claim, by the Magistrates Court; or

(b) in any other case, as if it were a disputed claim for compensation under the .