Part 2Land

Compensation

33Set-off against betterment

(1)In determining the amount of compensation or purchase money payable to any person in respect of an interest in land—

(a)acquired under this Act in a case where—

(i)the person has an interest in any other land contiguous with or adjacent to the land so acquired; and

(ii)the value of that person’s interest in any such contiguous or adjacent land is enhanced by reason of the works authorised by this Act or any of them; or

(b)injuriously affected by construction works authorised by this Act where the value of that land is also enhanced by reason of the works authorised by this Act or any of them,

then the amount of the enhancement in value shall be set off against the compensation or purchase money.

(2)In this section any reduction in expenditure that would have been required in order to comply with an obligation under any Act with respect to any land is an enhancement in the value of an interest in the land.