24Right to compensation

24 Right to compensation

(1)  An owner of subject land whose estate in the land is taken, either wholly or in part, under this Act is entitled to compensation under this Act.

(2)  An owner of land in relation to which a notice to treat has been served is entitled to compensation under this Act if –

(a) the notice has been withdrawn or has lapsed; and

(b) as a consequence of the service and the withdrawal or lapsing of the notice, the owner has suffered any loss, expense or damage (whether by a person entering into possession of, and using, the land under Part 6 or otherwise).

(3)  A former owner of subject land is entitled to compensation under this Act if –

(a) the notice of acquisition was amended or revoked in accordance with section 22 ; and

(b) the former owner has suffered any loss, expense or damage by reason of the proceedings for the acquisition of land and that amendment or revocation.

(4)  A former owner of subject land is entitled to compensation if –

(a) the subject land is reconveyed to that former owner under section 23 ; and

(b) the former owner has suffered any loss, expense or damage in relation to the proceedings for acquisition and reconveyance.

(5)  An owner or occupier of land is entitled to compensation where –

(a) an acquiring authority has exercised any of its powers under Part 6 in relation to that land; and

(b) [Section 24 Subsection (5) amended by No. 19 of 2001, s. 11, Applied:12 Apr 2001] the owner or occupier has suffered any damage, loss or expense by reason of –

(i) the exercise of those powers; or

(ii) action lawfully taken by a person pursuant to authorisation given under section 54 , , or .