PART IIIACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Cases where powers of acquisition limited to subsoil13
1
This article applies to the lands numbered on the deposited plans 1 to 20, 22 to 25, 27 to 39 and 41.
2
In the case of land to which this article applies, the undertaker’s powers of compulsory acquisition under article 9 above 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 undertaker acquires any part of, or rights in, the subsoil of 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
Paragraph (3) above shall not prevent section 8 of the 1965 Act or article 18 below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
5
References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “the 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;
b
in the case of a river, watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or
c
in any other case, ground surface level.