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(1)In assessing the compensation payable in respect of the compulsory acquisition of land under section 22, the Lands Tribunal must not take into account—
(a)any interest in land, or
(b)any land value enhancement,
if it is satisfied that the interest in land was created, or that the work giving rise to the land value enhancement was carried out, for the purpose of obtaining compensation or increased compensation.
(2)A “land value enhancement” is any enhancement of the value of an interest in land by reason of any construction, improvement, alteration or other work carried out on—
(a)the land acquired, or
(b)any other land with which the person to be compensated is, or was when the work was done, directly or indirectly concerned.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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