Compulsory acquisition of land
28.—(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised project or to facilitate it, or is incidental to it.
(2) As from the date on which a compulsory acquisition notice under section 134(3) (notice of authorisation of compulsory acquisition) of the 2008 Act is served or the date on which the Order land, or any part of it, is vested in the undertaker, whichever is the later, all rights, trusts and incidents to which that land or that part of it which is vested (as the case may be) was previously subject shall be discharged or suspended, so far as their continuance would be inconsistent with the exercise of the powers under this Order.
(3) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(4) This article is subject to article 30 (acquisition of subsoil only), article 31 (acquisition of subsoil below 9 metres) and article 35 (temporary use of land for carrying out the authorised project).