Local Development Law a Survey of the Powers of Local Authorities in Regard to
Local Development Law a Survey of the Powers of Local Authorities in Regard to
Ties20in20regard20to20housing2c20roads2c20
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In cases of disputed compensation there are special provisions of a most drastic character. For section 9 of the Act of 1919 distinguishes (a) land included in a scheme only for the purpose of making the scheme efficient, and not on account of the sanitary condition of the premises thereon, or of those premises being dangerous or prejudicial to health, from (b) other land included in the scheme. This is rather like the distinction under the Act of 1890, except that under the present Act the lan...downer is prima facie guilty of having insani- tary property, whereas under the old Act he was prima facie innocent. As regards (a) the case for compensation stands on much the same footing as any other land acquired for public purposes, except that sec. 21 of the Act of 1890 applies. But inasmuch as that section was principally directed against insanitary property, this modifi- cation is not very serious. As regards (b) the compensation for both land and buildings is the value at the time of valuation of the land alone as a site cleared of buildings and available for development subject to the by-laws of the district ; but if the whole or any part of the land is, in the opinion of the Local Government Board, required for housing of the working classes or as an open space, then the compensation for the land so required is only the value of the land for that purpose, this further subtraction from the value of the land being distributed among 62 LOCAL DEVELOPMENT LAW all persons interested in any land included in the scheme.
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