632
No. 10 of 1900.
CROWN LANDS RESUMPTION.
Power of entry.
Barring of action relating to land resumed, and transmission of claims to Board.
Consideration of claims.
Powers and authorities of Board.
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 authorize the payment of remuneration to a public servant who is not permitted to receive remuneration as a member of the Board.
7. In any case where notice of intended resumption has been given it shall be lawful for the Governor and all other persons authorized 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.
8. No action or suit shall lie either against the Crown or against any other person for any loss or damage resulting to any person from any resumption of any land as aforesaid, but any person claiming compensation, whether as owner or otherwise, by reason of such resumption shall, before the 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.
9. Every claim shall be separately considered and adjudicated upon, unless the parties otherwise agree.
10. Any Board when constituted shall have the following 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 also in respect of damage to business due to removal, and to award compensation in respect of such resumption or extinction or damage to all persons to whom the Board may find compensation to be due;
* As amended by No. 27 of 1930 [12.12.30].
632
No. 10 of 1900.
CROWN LANDS RESUMPTION.
Power of entry.
Barring of action relating to land re- sumed, and transmission of claims to Board.
Considera- tion of claims.
Powers and authorities of Board.
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 authorize the payment of remuneration to a public servant who is not permitted to receive remuneration as a member of the Board.
7. In any case where notice of intended resumption has been given it shall be lawful for the Governor and all other persons authorized 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.
8. No action or suit shall lie either against the Crown or against any other person for any loss or damage resulting to any person from any resumption of any land as aforesaid, but any person claiming compensation, whether as owner or other- wise, by reason of such resumption shall, before the commence- ment 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.
9. Every claim shall be separately considered and adjudicated upon, unless the parties otherwise agree.
10. Any Board when constituted shall have the following 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 also in respect of damage to business due to removal, and to award compensation in respect of such resumption or extinction or damage to all persons to whom the Board may find compensation to be due;
* As amended by No. 27 of 1930 [12.12.30].
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