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Land Acquisition and Compensation (Northern Ireland) Order 1973

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Reduction of compensation where other land is benefitedN.I.

9.—(1) The compensation payable on a claim shall be reduced by an amount equal to any increase in the value of—

(a)the claimant's interest in the land in respect of which the claim is made; and

(b)any interest in other land contiguous or adjacent to the land mentioned in sub-paragraph ( a) to which the claimant was entitled in the same capacity on the relevant date,

which is attributable to the existence of or the use or prospective use of the public to works to which the claim relates.

(2) Articles 7 and 8 shall not apply to the assessment, for the purposes of paragraph (1), of the value of the interest mentioned in sub-paragraph ( a) of that paragraph.

(3) Where, for the purpose of assessing compensation on a claim in respect of any interest in land, an increase in the value of an interest in other land has been taken into account under paragraph (1), then, in connection with any subsequent acquisition to which this paragraph applies, that increase shall not be left out of account by virtue of[F1 Article 6(2)(b) and (3) of the Land Compensation (Northern Ireland) Order 1982] or taken into account by virtue of paragraph 13(3) of Schedule 6 to the Local Government Act (Northern Ireland) 1972 [1972 c.9] , paragraph 12(4)F2 of Schedule 5 to the Roads Act (Northern Ireland) 1948 [1948 c.28] or any provision corresponding to that paragraph which is contained in any other statutory provision, in so far as it was taken into account in connection with that claim.

(4) Paragraph (3) applies to any subsequent acquisition, not being an acquistion of the land in respect of which the claim is made where either—

(a)the interest acquired by the subsequent acquistion is the same as the interest previously taken into account (whether the acquisition extends to the whole of the land in which that interest previously subsisted or only to part of that land); or

(b)the person entitled to the interest acquired is, or directly or indirectly derives title to that interest from, the person who at the time of the claim mentioned in that paragraph was entitled to the interest previously taken into account;

and in this paragraph “the interest previously taken into account” means the interest the increased value of which was taken into account as mentioned in paragraph (2).

(5) For the purposes of this Article a person entitled to two interests in land shall be taken to be entitled to them in the same capacity if, but only if, he is entitled—

(a)to both of them beneficially; or

(b)to both of them as trustee of one particular trust; or

(c)to both of them as personal representative of one particular person;

and in this Article references to a person deriving title from another person include references to any successor in title of that other person.

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