24.—(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate, or is incidental to, it as described in the book of reference and shown on the land plans.
(2) From the day on which a compulsory acquisition notice under section 134 M1 (notice of authorisation of compulsory acquisition) of the 2008 Act is served or the day on which the Order land, or any part of it, is vested in the undertaker, whichever is the later, all rights, trusts and incidents to which that land or that part of it which is vested (as the case may be) was previously subject are discharged or suspended, so far as their continuance would be inconsistent with the exercise of the powers under this Order.
(3) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(4) This article is subject to—
(a)article 25 (compulsory acquisition of rights);
(b)article 26 (private rights);
(c)article 29 (time limit for exercise of authority to acquire land and rights compulsorily); and
(d)article 34(9) (temporary use of land for carrying out the authorised development).
Marginal Citations
M1Section 134 was amended by section 142(1) to (4) and section 237 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.