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The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

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Protection from deprivation of property
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135.  (1)  No property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any description shall be compulsorily acquired, except in accordance with a law and where the following conditions are satisfied—

(a)the taking of possession or acquisition is in the public interest; and

(b)there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right to or over the property; and

(c)provision is made by a law—

(i)for the prompt payment of adequate compensation; and

(ii)securing to any person having an interest in or right to or over the property a right of access to the Supreme Court, whether direct or on appeal from another tribunal or authority, for the determination of his or her interest or right, the legality of the taking of possession or acquisition and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.

(2) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he or she has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax imposed by public authority in respect of its remission) to any country of his or her choice outside Ascension.

(3) Without prejudice to the generality of the expression “in the public interest” in subsection (1), nothing contained in or done under the authority of any law shall be held to breach this section to the extent that the law in question makes provision—

(a)for controlling the use of any property, interest or right in accordance with the general interest; or

(b)for taking possession of or acquiring any property, interest or right—

(i)as a consequence of a breach of the law;

(ii)to secure the payment of taxes or other like impositions; or

(iii)for the administration or enforcement of the law regulating the private civil rights and obligations of persons in respect of property.

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