sec.62Compensation for a notice of intention to acquire land

### sec.62 Compensation for a notice of intention to acquire land This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land. The person is entitled to compensation from the local government for injurious affection to the person’s interest in the land because of the notice of intention to acquire land. However, the compensation is not payable until— the land is sold for the first time after the notice of intention to acquire land was served; or after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price. The compensation must be assessed in accordance with the following principles— the amount of compensation must represent the difference between— the market value of the interest in the land immediately after service of the notice of intention to acquire land; and what would be the market value of the interest in the land, at that time, if the notice had not been served; any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land. A claim for compensation must be made— within 3 years after the entitlement to compensation arose; and to the chief executive officer in the approved form. The claim is taken to have been properly made when the claimant has given the local government all the information that the local government reasonably requires to decide the claim. If, within 30 days after the claim is made, the local government has not given the claimant notice of its decision on the claim, the local government is taken to have refused compensation on the 31st day after the claim is made. s 62 amd 2018 No. 8 s 34 (sec.62-ssec.1) This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land. (sec.62-ssec.2) The person is entitled to compensation from the local government for injurious affection to the person’s interest in the land because of the notice of intention to acquire land. (sec.62-ssec.3) However, the compensation is not payable until— the land is sold for the first time after the notice of intention to acquire land was served; or after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price. (sec.62-ssec.4) The compensation must be assessed in accordance with the following principles— the amount of compensation must represent the difference between— the market value of the interest in the land immediately after service of the notice of intention to acquire land; and what would be the market value of the interest in the land, at that time, if the notice had not been served; any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land. (sec.62-ssec.5) A claim for compensation must be made— within 3 years after the entitlement to compensation arose; and to the chief executive officer in the approved form. (sec.62-ssec.6) The claim is taken to have been properly made when the claimant has given the local government all the information that the local government reasonably requires to decide the claim. (sec.62-ssec.7) If, within 30 days after the claim is made, the local government has not given the claimant notice of its decision on the claim, the local government is taken to have refused compensation on the 31st day after the claim is made. - (a) the land is sold for the first time after the notice of intention to acquire land was served; or - (b) after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price. - (a) the amount of compensation must represent the difference between— (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served; - (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and - (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served; - (b) any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; - (c) the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land. - (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and - (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served; - (a) within 3 years after the entitlement to compensation arose; and - (b) to the chief executive officer in the approved form.