1964_LAND_ACQUISITION_(POSSESSORY_TITLE)_ORDINANCE — Page 7

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CAP. 130]

Land Acquisition (Possessory Title)

[1989 Ed.

8. Rules for assessing compensation

(1) The Lands Tribunal shall determine the amount of compensation (if any) payable in respect of a claim referred to it under section 7 on the basis of the loss or damage suffered by the claimant due to the acquisition of the land specified in the claim.

(2) The Lands Tribunal shall determine the compensation (if any) payable under subsection (1) on the basis of-

(a) the value of the land acquired together with any buildings erected

thereon at the date of vesting;

(b) the value of any interest, right or easement in or over the land acquired, owned, held or enjoyed by the claimant at the date of vesting;

(c) the amount of loss or damage suffered by the claimant due to the severance of the land acquired or any building erected thereon from any other land of the claimant, or building erected thereon, contiguous or adjacent thereto; (d) the amount of loss or damage to a business conducted by the claimant at the date of vesting on the land acquired or in any building erected thereon, due to the removal of the business from that land or building as a result of the acquisition;

(e) the amount of any expenses reasonably incurred by the claimant in moving from any premises owned or occupied by him on the land acquired to, or in connection with the acquisition of, alternative land or land and buildings, but excluding any amount to which paragraph (d) applies.

(3) In the determination of the compensation (if any) payable under subsection (1)

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

compulsory;

(b) no account shall be taken of the fact that the land lies within or is affected by any area, zone or district reserved or set apart for the purposes specified in section 4(1)(a), (c), (d), (e) or (ƒ) of the Town Planning Ordinance (Cap. 131); (Amended 2 of 1988 s. 8) (c) subject to subsection (4), the value of the land acquired shall be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realize.

(4) When any land is acquired, the Lands Tribunal in determining the compensation (if any) payable under subsection (1) and in estimating the value of the land acquired together with any buildings erected thereon, may-

(a) take into consideration the nature and existing condition of the land and the probable duration of the buildings in their existing state, and the state of repair thereof; and

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