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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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