163Compensation—underground land

163 Compensation—underground land

(1) Subject to subsections (2) and (3), if any interest in land of a person other than a public authority is divested or diminished as a consequence of an Order under section 162 or 162B, the project authority is liable to compensate the person for loss of market value in accordance with this section.

(2) A person is not entitled to compensation (whether under this section or otherwise) in relation to the effect of an Order under section 162 or 162B on any interest in land at a depth of 15 metres or more below the surface of land.

(3) A Council is entitled to compensation under this section only if the Council possessed an estate in fee simple in the land that was divested or diminished by the Order.

(4) For the purposes of this section, loss of market value of a person's interest is to be assessed as the difference between the market value of that interest before the Order was published and the market value of that interest after the Order was published.

(5) Sections 41(5), (6) and (7) and 43 of the Land Acquisition and Compensation Act 1986, with any necessary modifications, apply to the assessment of loss of market value for the purposes of this section.

(6) Section 37 and Parts 10 and 11 of the Land Acquisition and Compensation Act 1986, with any necessary modifications, apply to the making and determination of a claim for compensation under this section as if it were a claim under section 37(1) of that Act.

(7) To avoid doubt, a public authority is not entitled to compensation (whether under this section or otherwise) in relation to the effect of an Order under section 162 or 162B on any interest of the public authority in land.

(8) In this section—

market value has the meaning given by section 40 of the Land Acquisition and Compensation Act 1986.

S. 164 substituted by No. 43/2021 s. 187.