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Compulsory Purchase Act 1965

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This is the original version (as it was originally enacted).

26Costs in respect of money paid into court

(1)This section shall apply in relation to any compensation paid into court under this Act except where it was so paid in consequence—

(a)of the wilful refusal of the person entitled to accept it, or

(b)of the wilful refusal of that person to convey the land in respect of which the compensation was payable, or

(c)of the wilful neglect of any person to make out a good title to the land.

(2)Where this section applies the High Court may order the acquiring authority to pay—

(a)the costs of, or incurred in consequence of, the purchase of the land, and

(b)the cost of the investment of the compensation paid into court, or of its reinvestment in the purchase of other land.

(3)References in this section to costs include references to all reasonable charges and expenses incidental to the matters mentioned in this section and to—

(a)the cost of obtaining the proper orders for any of the purposes set out above,

(b)the cost of obtaining the orders for the payment of dividends out of the compensation,

(c)the cost of obtaining the orders for the payment out of court of the principal amount of the compensation, or of any securities in which it is invested, and

(d)the cost of all proceedings relating to such orders, except such as are occasioned by litigation between adverse claimants.

(4)The costs of not more than one application for reinvestment in land shall be allowed unless it appears to the High Court that it is for the benefit of the parties interested in the compensation that it should be invested in the purchase of land in different sums and at different times.

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