SCHEDULES

SCHEDULE 2Acquisition of land

C2C1Part 1Compulsory acquisition of land

Annotations:
Modifications etc. (not altering text)
C2

Sch. 2 Pt. 1 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(7)(8), 240(1)(l)

C1

Sch. 2 Pt. 1 applied (with modifications) by 1999 c. 29, s. 333ZA(6)(7) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6,7, 9-11))

New rights: specific adaptations of 1965 Act

I110

Section 7 (measure of compensation) of the Act of 1965 is to be read as if for that section there were substituted—

7

1

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is acquired is depreciated by the acquisition but also to the damage (if any) to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

2

The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 (compensation for injurious affection) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that—

a

for “land is acquired or taken” there shall be substituted “ a right over land is acquired ”; and

b

for “acquired or taken from him” there shall be substituted “ over which the right is exercisable ”.