sec.31Assessment of compensation

### sec.31 Assessment of compensation Compensation payable under section 28 may include the costs of and incidental to the investigation of matters giving rise to the claim and the preparation, lodging, hearing and determining of the claim. Compensation in respect of the injurious affection of an estate or interest in land shall be assessed in accordance with the following provisions— subject to paragraphs (b) to (d) , the amount of compensation shall be a sum equal to the difference between the market value of the estate or interest immediately before the occurrence of the event on which the claim for compensation is based and the market value of the estate or interest as affected by that occurrence; there shall be taken into account any modification of the injurious affection that may be effected in consonance with the approved plan; there shall be taken into account any benefit which is likely to accrue to land in which the claimant has an estate or interest— by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan; the amount of compensation shall not be affected by the fact that since the date on which the approved plan came into force the land in respect of which the claim for compensation is made has been separated from or amalgamated with other land. When a claim for compensation for injurious affection to an estate or interest in land is made under this Act the chief executive may, at the chief executive’s option, acquire that land or part thereof pursuant to the provisions of sections 26 and 27 . s 31 amd 1994 No. 15 s 3 sch 1 (sec.31-ssec.1) Compensation payable under section 28 may include the costs of and incidental to the investigation of matters giving rise to the claim and the preparation, lodging, hearing and determining of the claim. (sec.31-ssec.2) Compensation in respect of the injurious affection of an estate or interest in land shall be assessed in accordance with the following provisions— subject to paragraphs (b) to (d) , the amount of compensation shall be a sum equal to the difference between the market value of the estate or interest immediately before the occurrence of the event on which the claim for compensation is based and the market value of the estate or interest as affected by that occurrence; there shall be taken into account any modification of the injurious affection that may be effected in consonance with the approved plan; there shall be taken into account any benefit which is likely to accrue to land in which the claimant has an estate or interest— by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan; the amount of compensation shall not be affected by the fact that since the date on which the approved plan came into force the land in respect of which the claim for compensation is made has been separated from or amalgamated with other land. (sec.31-ssec.3) When a claim for compensation for injurious affection to an estate or interest in land is made under this Act the chief executive may, at the chief executive’s option, acquire that land or part thereof pursuant to the provisions of sections 26 and 27 . - (a) subject to paragraphs (b) to (d) , the amount of compensation shall be a sum equal to the difference between the market value of the estate or interest immediately before the occurrence of the event on which the claim for compensation is based and the market value of the estate or interest as affected by that occurrence; - (b) there shall be taken into account any modification of the injurious affection that may be effected in consonance with the approved plan; - (c) there shall be taken into account any benefit which is likely to accrue to land in which the claimant has an estate or interest— (i) by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or (ii) by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan; - (i) by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or - (ii) by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan; - (d) the amount of compensation shall not be affected by the fact that since the date on which the approved plan came into force the land in respect of which the claim for compensation is made has been separated from or amalgamated with other land. - (i) by reason of the coming into force of the approved plan or by reason of the occurrence of the event on which the claim for compensation is based; or - (ii) by reason of the construction or improvement by the chief executive at any time after the approved plan comes into force, upon land adjacent to the land in respect of which compensation is claimed, of works in implementing the approved plan;