191Compensation for denial of access following discontinuation or realignment of road

191 Compensation for denial of access following discontinuation or realignment of road

S. 191(1) amended by No. 43/2021 s. 207(2).

(1) Subject to subsection (2), a project authority is liable to pay compensation in accordance with this section if the effect of the exercise of a power under section 186A to discontinue or realign a road is that existing access to any land is denied.

S. 191(2)(c) amended by No. 43/2021 s. 207(3).

(c) a claim for compensation is not served on the project authority within one year of the exercise of the power under section 186A.

(3) For the purposes of determining whether alternative access to the land is adequate, no regard is to be had as to which stream of traffic has access to the land.

(4) Compensation is to be determined on the basis of the diminution in the value of the land to which access is denied as a direct result of the loss of access to that land.

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

S. 191(6) amended by No. 43/2021 s. 207(4).

(6) Section 127 of the Road Management Act 2004 does not apply in respect of any matter for which compensation is payable under this section.

S. 191A inserted by No. 43/2021 s. 208.