1112
No. 10 of 1900.
cf. No. 1 of 1903.
CROWN LANDS RESUMPTION.
(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
(b) decline to make any compensation for any addition to or improvement of the property made after the date of the publication in the Gazette of the notice of intended resumption, or after the notice by the Colonial Secretary under section 5, as the case may be, (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair) :
Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(2) A Board may also receive evidence to prove- (a) that the rental of the building or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or
(b) that the building or premises are in such a condition as to be a nuisance within the meaning of any Building Ordinance, or any Ordinance relating to the Public Health, or is or are not in reasonably good repair; or
(c) that the building or premises are unfit, and not reasonably capable of being made fit, for human habitation.
(3) If the Board is satisfied by such evidence, then the compensation-
(a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and
(b) shall, in the second case, be the amount estimated as the value of the building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and
(c) shall, in the third case, be the value of the land and of the materials of the buildings thereon:
Provided, also, that, where insanitary property is resumed for the purpose of securing the erection of improved dwellings or buildings thereon or the sanitary improvement of such property, no additional allowance shall be made.
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1112
No. 10 of 1900.
cf. No. 1 of
1903.
CROWN LANDS RESUMPTION.
(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
(b) decline to make any compensation for any addition to or im- provement of the property made after the date of the publication in the Gazette of the notice of intended resumption, or after the notice by the Colonial Secretary under section 5, as the case may be, (unless such addition or improvement was necessary for the main- tenance of the property in a proper state of repair) :
Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(2) A Board may also receive evidence to prove- (a) that the rental of the building or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or
(b) that the building or premises are in such a condition as to be a nuisance within the meaning of any Building Ordinance, or any Ordinance relating to the Public Health, or is or are not in reason- ably good repair; or
(c) that the building or premises are unfit, and not reasonably capable of being made fit, for human habitation.
(3) If the Board is satisfied by such evidence, then the compensa- tion-
(a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and
(b) shall, in the second case, be the amount estimated as the value of the building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and
(c) shall, in the third case, be the value of the land and of the materials of the buildings thereon:
Provided, also, that, where insanitary property is resumed for the purpose of securing the erection of improved dwellings or buildings thereon or the sanitary improvement of such property, no additional
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