Town and Country Planning Act 1954

53Compensation for damage to requisitioned land

(1)Subject to the provisions of this section, any compensation accruing due in respect of any land after the commencement of this Act by virtue of paragraph (b) of subsection (1) of section two of the Compensation (Defence) Act, 1939 (which relates to compensation payable in respect of damage occurring to requisitioned land during the period of requisition) shall not exceed the amount (if any) by which the value mentioned in paragraph (a) of the next following subsection falls short of the price mentioned in paragraph (b) of that subsection.

(2)The said value and price are—

(a)the value, at the time when the compensation accrues due, of a freehold interest in the land in question, free from incumbrances but subject to any easement or other restriction affecting the land at that time ; and

(b)the price which would be the compulsory purchase price of the land at that time if it were then in the state in which it was when possession of the land was taken in the exercise of emergency powers.

(3)Neither of the following provisions, that is to say—

(a)paragraph (ii) of the proviso to subsection (1) of the said section two (which provided that the compensation payable under paragraph (b) of that subsection should be limited to the value of the land at the time when it was requisitioned); and

(b)subsection (1) of section ten of the Requisitioned Land and War Works Act, 1948 (which substituted a different limit, by reference to the compulsory purchase price of the land in its existing state and in the state in which it was when requisitioned),

shall apply to compensation to which subsection (1) of this section applies.

(4)Subsection (3) of section ten of the said Act of 1948 (which makes provision as to the matters to be taken into account in calculating the compulsory purchase price of the land in its existing state) shall apply for the purposes of this section, with the substitution for references to the compulsory purchase price of land of references to the value of such a freehold interest as is mentioned in paragraph (a) of subsection (2) of this section; and subsection (4) of that section (which provides for increased compensation in certain cases above the limit imposed by subsection (1) of that section) shall apply for the purposes of this section, with the substitution for the reference to subsection (1) of that section of a reference to subsection (1) of this section.

(5)In this section the expression " compulsory purchase price " has the meaning assigned to it by subsection (2) of the said section ten.