sec.380Compensation for reduced market value of interest in land

### sec.380 Compensation for reduced market value of interest in land A person who has an interest in land (the relevant land ) is entitled to compensation if the establishment of light rail transport infrastructure on light rail land (the infrastructure ), when completed, is a cause of interference (the interference ) with access for the relevant land. Subsection (1) applies only if— either of the following applies— the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure. The amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land. However, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired. s 380 ins 2000 No. 40 s 13 (sec.380-ssec.1) A person who has an interest in land (the relevant land ) is entitled to compensation if the establishment of light rail transport infrastructure on light rail land (the infrastructure ), when completed, is a cause of interference (the interference ) with access for the relevant land. (sec.380-ssec.2) Subsection (1) applies only if— either of the following applies— the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure. (sec.380-ssec.3) The amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land. (sec.380-ssec.4) However, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired. - (a) either of the following applies— (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and - (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; - (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and - (b) the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and - (c) the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure. - (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; - (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and