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Section 18, An Act to amend the Crown Lands Ordinance, 1960

Status not yet checkedAn Act to amend the Crown Lands Ordinance, 1960, Sierra Leone

(1) In determining the amount of compensation to beawarded for land acquired under this Ordinance, the Court shall take into consideration the following matters and no others, namely– (a) the market value at the date of the publication of the warrant under section 4 of this Ordinance; (b) any increase in the value of other land of the person interested likely to accrue from the use to which the land acquired will be put; (c) the damage, if any, sustained by the person interested at the time of the taking possession of land by reason of severing such land from his other land; (d) the damage, if any, sustained by the person interested at the time of the taking and appropriation of the land by reason of the acquisition injuriously affecting his other property whether movable or immovable in any other manner or his actual earnings; (e) if, in consequence of the acquisition, he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; (f) the damage, if any, sustained by persons interested by reason of the imposition of any easement or exercise of any other rights of user on the basis of amount by which the value of the land shall have been diminished thereby; and (g) where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Court is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement. (2) For the purpose of paragraph (a) of sub-section (1) of this section– (a) if the market value has been increased by means of any improvement made by the owner or his predecessor in interest within two years before the publication of the warrant under section 4, such increase shall be disregarded if the improvement was made in contemplation of proceedings for the acquisition of the land being taken under this Ordinance; (b) when the value of the land is increased by reason of the use thereof or any premises thereon in a manner which could be restrained by any Court or is country to land or is detrimental to the health of the inmates of the premises or to the public health the amount of the increase shall not be taken into account; (c) the effect of any expressed or implied condition of title restricting the use to which the land may be put shall be taken into account. Matters to be considered in determining compensation 10 of 1946. 1210 (Cap. 116 Public Lands Public Lands (Cap. 116 1211

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