s.8Rights to compensation
8
Section 8Part 0 —

Rights to compensation

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Any person having an interest in any portion of land to which a declaration under section 3 relates or which has been taken by the Governor under this Law and who has suffered a net loss by reason thereof, may make a claim within the time limited by, and otherwise in accordance with, this Law, and compensation for that loss shall, subject to this Law, be payable by the Roads Authority to the person making the claim (hereinafter referred to as "the claimant").
For the purposes of this Law, a claimant does not qualify for compensation as having suffered a net loss unless, at the time of dispossession of such portion of land under this Law, any damage attributable to —
loss of any standing crop or trees on the portion of land;
the severance of such portion of land from the claimant's other land;
the injurious effect on the claimant's other land of the dispossession of such portion of land; and
the loss of such portion of land, assessed at its market value,
exceeds the value of the advantage to the claimant gained by the presence of the new or improved road adjacent to his land.
Subject to subsection (4), a claimant does not qualify for compensation if his interest in the portion of land to which his claim relates was acquired after the declared day.
Subsection (3) does not apply to any interest acquired by inheritance, whether as a direct bequest or an appropriation towards satisfaction of a legacy or other share in the estate of a deceased person.

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