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Leeds Supertram Act 1993 (c. xv)

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33Temporary possession of land

(1)In this section “the relevant land” means any of the lands in the City specified in Schedule 3 to this Act, numbered 1, 4 and 35 on the deposited plans.

(2)Subject to the provisions of this section, the Executive may enter upon and take possession temporarily of or use the relevant land for the provision of working sites, and for that purpose may remove any structures and vegetation on the land.

(3)All private rights of way over any land of which the Executive may take temporary possession under this Act shall be suspended and unenforceable against the Executive for so long as the Executive remain in lawful possession of the land.

(4)Not less than 28 days before entering upon and taking temporary possession of the relevant land the Executive shall give notice to the owners and occupiers of the land stating the purpose for which possession is required.

(5)(a)The Executive shall not, without the agreement of the owners and occupiers, remain in possession of any part of the relevant land under the powers of this section after a period of 18 months from the completion of the work of construction for which possession was required.

(b)Before giving up possession of the relevant land, the Executive shall remove all temporary works and structures constructed by them on the land and, subject to any agreement to the contrary with the owners and occupiers of the land, restore the relevant land to the reasonable satisfaction of the owners and occupiers.

(6)(a)The Executive shall not be empowered to purchase compulsorily, or be required to purchase, any land of which they take possession under this section.

(b)The Executive shall compensate the owners and occupiers of the relevant land for any loss or damage which may result to them by reason of the exercise of the powers of this section in relation to that land.

(c)Nothing in this section shall relieve the Executive from liability to compensate under section 6 or 43 of the Act of 1845 or section 10 (2) of the Act of 1965 as incorporated or applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (b) above.

(7)Compensation payable under this section shall be determined, in case of dispute, in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

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