MASS TRANSIT RAILWAY (LAND RESUMPTION Ord. No. 66/74
AND RELATED PROVISIONS)
7. Where a sign advertising any business, product, service or activity is removed under section 14(4), nothing in item 9(d) of Part I of this Schedule shall be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to him from the advertising of that business, product, service or activity if the sign had not been removed.
8. If compensation under item 2, 3, 4, 5, 6, 7, 9, 10 or 11 of Part I of this Schedule has been paid in respect of the reduction of value of land and such land or part thereof is subsequently resumed by the Crown under this Ordinance or any other enabling power, then notwithstanding paragraph 3 of this Part of this Schedule or any other provision of law to the same or similar effect, the amount of that reduction in value shall be taken into account to reduce the compensation for the resumption of that land to the extent that it was taken into account in the assessment of compensation for the reduction in value thereof.
9.
A423
No compensa- tion under item of advertising.
9(d) for loss
Set off where compensation value and land
paid for loss of
later resumed.
Where under this Ordinance a claim for compensation may be Claim by a made by a mortgagee in possession-
(a) such claim may include compensation in respect of the whole
interest which comprises the mortgage security; and
(b) compensation received by a mortgagee in possession shall be applied by him as if it were proceeds of sale of the mortgage security.
mortgagee in possession.
10. For the avoidance of doubt it is declared that where an interest Avoidance of
doubt. in land has been resumed under section 4, the assessment of compensation under items 1 and 3 of Part I of this Schedule shall not be affected by the fact that power to resume that interest is not conferred by the Crown (Cap. 124.) Lands Resumption Ordinance.
11. Compensation shall be payable under item 12 of Part I of this Schedule only to the extent that the carrying out of building works in accordance with a plan amended, or condition imposed, under section 15(1)(c) does not increase the open market value of the land on which the building works are carried out.
12. Where land is resumed following a notice given by the owner under section 15(3), no account shall be taken, in the assessment of compensation therefor, of the refusal of approval of a plan which led to the giving of such notice.
Section
6(5)
12(2)
12(5)
12(6)
SECOND SCHEDULE
AUTHORIZATION OF PUBLIC OFFICERS
[s. 29.]
Public officer
Chief Building Surveyor.