1950_CROWN_LANDS_RESUMPTION_ORDINANCE — Page 6

CAP. 124]

[s. 11 cont.]

Additional rules for determining

compensa- tion.

9 & 10 Geo.

5, c. 57,

8. 2 (1), (2),

Execution

of proces8 of Board.

Crown Lands Resumption.

(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.

12. In the determination of the compensation to be paid under this Ordinance-

(a) no allowance shall be made on account of the

resumption being compulsory;

(b) no compensation shall be given in respect of

any use of the land which is not in accordance with the terms of the Crown lease under which the land is held;

(c) no compensation shall be given in respect of any expectancy or probability of the grant or renewal or continuance, by the Crown or by any person, of any licence, permission, lease or permit whatso- ever: Provided that this paragraph shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and (d) subject to the provisions of section II and to the provisions of paragraphs (b) and (c) of this section, the value of the land resumed shall be taken to be the amount which the land if sold in the open market might be expected to realize. [11A]

13. (1) Every notice under the hand of the chairman of a Board may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for enforcing the attendance of witnesses or compelling the production of documents.

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