PART 2ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Rights under or over streets7.

(1)

The undertaker may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised works and may use the subsoil or air-space for those purposes or any other purpose ancillary to its railway undertaking.

(2)

Subject to paragraph (4), the power under paragraph (1) may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street.

(3)

Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss by the exercise of that power, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(4)

Paragraph (2) does not apply in relation to—

(a)

any subway or underground building; or

(b)

any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(5)

Compensation is not payable under paragraph (3) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the New Roads and Street Works Act 19919 applies in respect of measures of which the allowable costs are to be borne in accordance with that section.