Land Acquisition Act 1993
27Basis of compensation
Start here
Get a plain-English read of 27
Turn the raw legal text into a practical explanation grounded in Land Acquisition Act 1993.
27 Basis of compensation
(1) In determining compensation under this Act, regard is to be had to the following matters:
(a) the market value of the estate of the claimant in the subject land;
(b) any special value the estate in the subject land may have to the claimant which is –
(i) [Section 27 Subsection (1) amended by No. 31 of 2019, s. 12, Applied:01 Jan 2020] a financial advantage incidental to the claimant's ownership of that estate, which financial advantage is not to be taken to include the lessening of a tax liability; and
(ii) in addition to its market value;
(c) the damage caused by severance of the subject land from other land belonging to the claimant;
(d) the betterment of other land belonging to the claimant which is caused by the carrying out of, or the proposal to carry out, the authorized purpose;
(e) whether other land belonging to the claimant is injuriously affected by the carrying out of, or the proposal to carry out, the authorized purpose;
(f) [Section 27 Subsection (1) amended by No. 31 of 2019, s. 12, Applied:01 Jan 2020] any disturbance relating to any loss or damage suffered, or cost reasonably incurred, by the claimant as a consequence of the taking of the subject land or the operation of a business, or other undertaking, on the subject land;
(fa) [Section 27 Subsection (1) amended by No. 57 of 2002, s. 8, Applied:05 Dec 2002] [Section 27 Subsection (1) amended by No. 31 of 2019, s. 12, Applied:01 Jan 2020] whether, under any other Act, the claimant or a former owner of the subject land has been paid or awarded any compensation or compensatory costs in connection with the authorised purposes for which it is being acquired.
(g) [Section 27 Subsection (1) amended by No. 31 of 2019, s. 12, Applied:01 Jan 2020] . . . . . . . .