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No. 10 of 1900.
CROWN LANDS RESUMPTION.
Notification
of constitu- tion of Board, etc.
(1) Notice shall be given by the Colonial Secretary to the owner of the land intended to be resumed that such land is required for a public purpose and will be resumed on the expiration of one month from the date of such notice, and that thereupon such compensation will be paid as may be awarded in the manner hereinafter provided. Such notice shall also require the owner to nominate a member to serve on the Board to be constituted as herein provided, and if the owner cannot be found it shall be affixed upon a conspicuous part of the land to be resummed and thereupon shall be leemed to be notice to the owner of the land and every person interested in the land or having any right or ease- ment therein.
(2) On the expiration of one month as aforesaid the land shall revert to the Crown, and all rights of the owner or any other person in or over the land or any part thereof shall absolutely cease.
(3) After the expiration of one month as aforesaid a Board shall be appointed to determine the amount of compensation to be paid in respect of such resumption. The Board shall consist of three members resident in the Colony and shall be constituted as follows:-
The chairman of the Board shall be a magistrate or a justice of the peace nominated by the Governor, and the two other members shall consist of one member nominated by the Governor and the other by the owner of the land intended to be resumed, or if he fails within one week from the date of expiration of the said notice of intended resumption to nominate in writing a member then it shall be lawful for the chairman to nominate any other person, on behalf of such owner.
6. (1) The constitution of any Board shall be notified in the Gazette, and within fourteen days from such notification it shall commence its sittings at such time and place as the chairman may, by notification in the Gazette, appoint.
(2) The Governor may appoint some person to act as clerk to a Board, and the Governor in Council shall determine his remuneration.
CROWN LANDS RESUMPTION,
No. 10 of 1900.
(3) The remuneration of any member of a Board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and shall be determined in each case by the chairman at the conclusion of the arbitration: Provided that nothing herein shall authorise the payment of remuneration to a public servant who is not permitted to receive remuneration as a member of a Board.
7. In any case where notice of intended resumption has Power of been given it shall be lawful for the Governor and all other entry. persons authorised by him and without the consent of the owner or occupier thereof to enter into and upon any land intended to be resumed for the purpose of surveying and taking levels of such land and doing all necessary acts for setting out the line of works; the compensation for any damage thereby occasioned to the owner or occupier thereof, shall be decided by the Board.
action
and trans-
8. No action or suit shall lie either against the Crown or Barring of against any other person for any loss or damage resulting relating to to any person from any resumption of any land as aforesaid, land resumed. but any person claiming compensation, whether as owner or mission of otherwise, by reason of such resumption shall, before the claims to commencement of the sittings of the Board, transmit to the clerk of the Board, if appointed or, if no clerk is appointed, to the Colonial Secretary for transmission to the Board, a written claim, stating the nature of his right or interest in the land and the amount which he seeks to recover.
Board.
9. Every claim shall be separately considered and adjudi- Consideration cated upon, unless the parties otherwise agree.
of claims.
10. Any Board when constituted shall have the following Powers and powers and authorities:-
(1) to determine the compensation to be paid in respect of such resumption or in respect of the extinction of any right or easement caused by such resumption, regard being had not only to the value of the land taken and any buildings thereon but also to any damage or injury resulting to the owner of the land resumed by reason of the severance of such land from other land of such owner contiguous thereto, and
* As amended by No. 14 of 1921.
authorities of Board.
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