Coast Protection Act 1949
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Change 1
14 Compulsory acquisition of land.
(1) A coast protection authority coastal erosion risk management authority may be authorised by the Minister to acquire by compulsory purchase any land which they are authorised by section four of this Act to acquire by agreement, and the Acquisition of Land Act 1981, shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act: Provided that, in relation to any such land as is mentioned in paragraph (b) of subsection (3) of the said section four, the power conferred by this subsection shall be exercisable only if it appears that the value of the land immediately after the completion of the work will be greater than it would then be if the work had not been carried out; and in estimating for the purposes of this proviso the value of the land at that time it shall be assumed, as respects the works proposed to be constructed, altered or improved, that they will in future be maintained without expense to any person entitled to an interest in the land. (2) Any dispute arising under the proviso to the last foregoing subsection shall, on the application of any person concerned, be determined by arbitration; and for the purposes of section 23(3) of the Acquisition of Land Act 1981, as applied by the last foregoing subsection, the provisions of this subsection shall be deemed to be a requirement of that Act. (3) In the application of this section to Scotland, for any reference to the Acquisition of Land Act 1981, and to section 23(3) thereof there shall be substituted a reference to the Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, and to paragraph 15 of the First Schedule thereto.
14 Compulsory acquisition of land.
(1) A coast protection authority coastal erosion risk management authority may be authorised by the Minister to acquire by compulsory purchase any land which they are authorised by section four of this Act to acquire by agreement, and the Acquisition of Land Act 1981, shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act: Provided that, in relation to any such land as is mentioned in paragraph (b) of subsection (3) of the said section four, the power conferred by this subsection shall be exercisable only if it appears that the value of the land immediately after the completion of the work will be greater than it would then be if the work had not been carried out; and in estimating for the purposes of this proviso the value of the land at that time it shall be assumed, as respects the works proposed to be constructed, altered or improved, that they will in future be maintained without expense to any person entitled to an interest in the land. (2) Any dispute arising under the proviso to the last foregoing subsection shall, on the application of any person concerned, be determined by arbitration; and for the purposes of section 23(3) of the Acquisition of Land Act 1981, as applied by the last foregoing subsection, the provisions of this subsection shall be deemed to be a requirement of that Act. (3) In the application of this section to Scotland, for any reference to the Acquisition of Land Act 1981, and to section 23(3) thereof there shall be substituted a reference to the Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, and to paragraph 15 of the First Schedule thereto.
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