Part IV Compulsory Purchase

Assessment of compensation

44 Compensation for injurious affection.

(1)

Where land is acquired or taken from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land acquired or taken from him.

(2)

In this section “compensation for injurious affection” means compensation for injurious affection under section 63 or 121 of the M1Lands Clauses Consolidation Act 1845 or section 7 or 20 of the M2Compulsory Purchase Act 1965, and subsection (1) above shall apply with the necessary modifications to such compensation under the said section 7 as substituted by F1paragraph 6 of Schedule 19 to the M3Highways Act 1980, F2paragraph 7 of Schedule 3 to the Gas Act 1986F3paragraph 3 of F4Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991(compulsory acquisition of rights over land) or any corresponding enactment, including (except where otherwise provided) an enactment passed after this Act.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5