26
27
Ng Jurken gå Increase or
decrease la value attribu able to the RADWAY.
Temporary EKREEG or alteration of a greet
(Cap. 1900)
Refusal or feducion where
Ordinance
contravened. (p. 13)
Competen where damage results only
Pardy frond
the nudemy.
(b) a mortgagee in possession:
(c) the holder of a valid and subsisting option to purchase an interest
referred to in (a) or (d);
(d) a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in (a) or (c) bas already passed;
"date of resumption” means the day on which land reverts to the Crown
or vests in The Colonial Treasurer Incorporated under section 403);
"disturbance" means the displacement of a person from land and the in- terruption of or interference with trade or business, whether such displacement, interruption or interference is temporary or permanent; "disturbance payment" means a sumi equal to-
(e) the financial loss naturally and reasonably resulting from the
displacement of a person from land; and
(b) in the case of disturbance of a trade or business on any land, the financial loss naturally and reasonably resulting from the distur- bance of that trade or business;
"open market value" means the amount which the land if sold in the open
market by a willing seller might reasonably be expected to realize.
In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to which, or to the building works on which, the compensation relates which is attributable to—
(a) the delineation thereof under section 3 as part of the railway
area: or
(6) the construction or operation of the railway, including any damage for which compensation would have been payable but for the operation of section 20(2).
A.
No compensation shall be payable under dem 4 of Part 1 of this Schedule in respect of pecuniary loss or damage caused by the temporaty closure or temporary substantial alteration of a street authorized under section IM{1}{b) unless such closure or alteration would if authorized under the Streets (Alteration) Ordinance give rise to a claim under section 11(3) of that Ordinance.
5. Compensation may be refused or reduced in respect of any build- ing or part thereof which has been constructed or modified or on which building works have been carried out so as to amount lo a contravention of the Buildings Ordinance being a contravention within the meaning of that Ordinancs,
6. The compensation assessed under item 6 or 7 of Part I of this Schedule shall be reduced to such extent as the Lands Tribunal thinks just and equitable having regard to the share in the responsibility for the loss or damage not altributable to and connected with the railway,
7. Where a sign advertising any business, product, service or activity removed under section 14(4), nothing in item 9(2) of Part 1 of this Schedule shall be construed as conferring upon any person & 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.
No compensa
Hon under frem Stoß for ka
of adventivir
someo Bid for los DË value and land Laver neautod,
#. If compensation under item 2, 3, 4, 5, 6, 7, 9, 10 or 1 of Part Set off where 1 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.
Where under this Ordinance a claim for compensation may be Quimby 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.
more in person takenāca.
10. For the avoidance of doubt it is declared that where an interest Avaldance of in land has been resumed under section 4, the assessment of compensation
doubt. 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 Crowɑ (CA), 134) Lands Resumption Ordinance.
11. Compensation shall be payable under item 12 of Part 1 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 morice given by the owner under section 19(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
SECOND SCHEDULE
AUTHORIZATION OF PUBLIC OFFICERS
Public officer
[5. 29.)
6(5)
120)
Chief Building Surveyor,
1205)
12(6)