38Effect of failure to make claim for compensation

38 Effect of failure to make claim for compensation

(1)  Where –

(a) land has been taken by an acquiring authority; and

(b) within the period specified in section 37 or determined under section 78 a claim for compensation pursuant to section 24 (1) has not been served on the acquiring authority by –

(i) an owner known to the authority; or

(ii) the Public Trustee as owner or on behalf of an owner –

the authority must apply to the Court for a determination of the compensation payable to the owner or Public Trustee.

(2)  An application under subsection (1) is to be made –

(a) in the prescribed form; and

(b) within 30 days after the expiration of the period referred to in that subsection.

(3)  [Section 38 Subsection (3) amended by No. 31 of 2019, s. 15, Applied:01 Jan 2020] Where a person who is entitled to make a claim for compensation pursuant to section 24 (2) , (3) , (4) or (5) fails to serve that claim on the acquiring authority within the period specified in section 37 or determined under section 78 , compensation is not payable to that person.