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The London Underground (Victoria Station Upgrade) Order 2009

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Power to acquire land limited to subsoil lying more than 4.5 metres beneath surface

22.—(1) This article applies to the land specified in Schedule 7 (land of which only subsoil more than 4.5 metres beneath surface may be acquired).

(2) In the case of land to which this article applies, the Company’s powers of compulsory acquisition under article 17 (power to acquire land) shall be limited to the acquisition of, or rights in, so much of the subsoil of the land as may be required for the purposes of the authorised works.

(3) Where the Company acquires any part of, or rights in, the subsoil of the land to which this article applies, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.

(4) References in this article to the subsoil of land are references to the subsoil lying more than 4.5 metres beneath the level of the surface of the land; and for this purpose “level of the surface of the land” means—

(a)in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building; or

(b)in any other case, ground surface level.

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