VICIn ForceAct
Land Acquisition and Compensation Act 1986
109Authority may dispose of acquired land
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109 Authority may dispose of acquired land
(1) The Authority may sell, lease or otherwise deal with or dispose of any interest in land acquired or purchased by it pursuant to this Act or the Acts repealed by this Act.
(2) If the Authority proposes to dispose of any interest in land pursuant to subsection (1) within eighteen months after the date of acquisition of that interest, the Authority must, if practicable, first offer the interest for sale to the former owner at the market value of the interest at the date of acquisition.
(3) Subsection (2) does not apply if the Authority has, since the date of acquisition or purchase, made substantial improvements of a durable nature to the land.
(4) A person contracting or otherwise dealing with the Authority is under no obligation to inquire whether the requirements of subsection (2) have been complied with and the title of the person to an interest in land purchased from the Authority is not affected by any failure by the Authority to comply with those requirements.
(5) The disposal of an interest in land pursuant to subsection (1) may be made subject to the reservation to the Authority of a specified interest in the land, including an easement in gross over the land and a restriction in the use of the land the benefit of which is not annexed to other land.
(6) In this section, ***the former owner***, in relation to land, means—
(a) if only one person had an interest in the land at the date of acquisition and that person is still alive, or, in the case of a corporation, in existence—that person; or
(b) in any other case—such person or persons (if any) as the Authority in its absolute discretion, having regard to the interests that existed in the land at the date of acquisition or purchase, considers to be fairly entitled to the benefit of subsection (2) in relation to the land.
S. 190A inserted by No. 38/2017 s. 39.