6
CAP. 124]
Crown Lands Resumption
[1988 Ed.
Barring of actions against the Crown
9. Subject to the provisions of this Ordinance, no action or suit shall lie against the Crown or against any other person for any loss or damage suffered by any person as the result of the resumption of any land under this Ordinance. (Replaced 63 of 1974 s. 10)
Determination by Tribunal of compensation payable by Crown
10. (1) The Tribunal shall determine the amount of compensation (if any) payable in respect of a claim submitted to it under section 6(3) or 8(2) on the basis of the loss or damage suffered by the claimant due to the resumption of the land specified in the claim.
(2) The Tribunal shall determine the compensation (if any) payable under subsection (1) on the basis of---
(a) the value of the land resumed and any buildings erected thereon at the date of resumption;
(b) the value of any easement or other right in the land resumed, owned, held or enjoyed by a claimant at the date of resumption;
(c) the amount of loss or damage suffered by any claimant due to the severance of the land resumed or any building erected thereon from any other land of the claimant, or building erected thereon, contiguous or adjacent thereto;
(d) the amount of loss or damage to a business conducted by a claimant at the date of resumption on the land resumed or in any building erected thereon, due to the removal of the business from that land or building as a result of the resumption;
(e) in the case of land resumed under an order made under section 3 on or after the commencement of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984)—
(i) the amount of any expenses reasonably incurred by him in moving from any premises owned or occupied by him on the land resumed to, or in connection with the acquisition of, alternative land or land and buildings, but excluding any amount to which paragraph (d) applies;
(ii) the amount of any costs or remuneration mentioned in sections 6(2A) and 8(4). (Added 5 of 1984 s. 5)
Principles of assessment of compensation (Replaced 63 of 1974 s. 10)
11. (1) When any property is resumed, the Lands Tribunal in determining the compensation to be paid and in estimating the value of the land resumed and of any buildings thereon, may- (Amended 28 of 1911 s. 6(i); 50 of 1911; 1 of 1912 Schedule)
(a) take into consideration the nature and existing condition of the property, and the probable duration of the buildings in their existing state, and the state of repair thereof; and