159Proceedings where refusal to give up possession

159 Proceedings where refusal to give up possession

(1) If a project authority is entitled under this Division to enter into possession of project land and the occupier of the land or any other person—

(a) refuses to give up possession of the land; or

(b) hinders the project authority from entering on and taking possession of the land—

the project authority may issue its warrant under this section to the sheriff.

(2) A warrant issued under this section authorises the sheriff to—

(a) enter onto the land specified in the warrant; and

(b) deliver possession of the land to the project authority or the person appointed in the warrant to receive possession of the land; and

(c) use such force as is reasonably necessary to execute the warrant.

(3) On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the project authority or the person appointed in the warrant to receive possession of the land.

(4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession.

(5) The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the project authority from the compensation (if any) payable under this Part to that person.

(6) If no compensation is payable to that person or if the compensation payable is less than the amount of the costs and rent (if any) then payment of the amount in excess of the compensation must if not paid on demand be enforced by a warrant to seize property.

(7) On application by the project authority, a magistrate must issue a warrant for the purposes of subsection (6).

S. 160 substituted by No. 43/2021 s. 182.