9Entitlement to additional sum in respect of acquisition of land

9 Entitlement to additional sum in respect of acquisition of land

[Section 9 Subsection (5) amended by No. 24 of 1993, s. 3 and Sched. 1 ]

(1)  Where a person is entitled to compensation in respect of the acquisition under this Act of any land to which this section applies he shall, subject to this Act, be entitled, as a supplement to that compensation, to an additional sum equivalent to the amount by which that compensation (determined as if this section had not been enacted) is less than what it would have been if it had been assessed on the assumption that the value of the land acquired were three-quarters of the value that may be attributed to that land under subsection (2) of this section.

(2)  For the purposes of subsection (1) of this section the value that may be attributed to any land is the value that would be the value of that land if it were assessed on the following assumptions, namely:

(a) That there is not and never at any time was a risk of any earth movement occurring in any of the prescribed lands;

(b) That, where any improvement on the land has been demolished or removed as a consequence of earth movement, that improvement had not been so demolished or removed and existed in the state in which it actually existed immediately before it first suffered damage or injury as a consequence of earth movement or, if it was demolished or removed before suffering any such damage or injury, in the state in which it existed before it was demolished or removed; and

(c) That, where any improvement on the land has suffered damage or injury as a consequence of earth movement, that improvement was in the state in which it actually existed immediately before it first suffered any such damage or injury.

(3)  In assessing the value of any land for the purposes of subsection (2) of this section, regard shall be had to the value of land in localities (being localities where no earth movement has or is likely to take place) which have been developed in a similar manner to the prescribed lands in the vicinity of the land whose value is to be assessed and which contain a similar class of property to that contained in those prescribed lands.

(4)  Where under this Act a person is entitled to an additional sum as a supplement to any compensation that additional sum shall, subject to this Act, be deemed to form part of the compensation to which that person is entitled in respect of the acquisition of the land in relation to which the entitlement arises.