Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the operation of section 8, 8A, 8B or 8D involves the acquisition of property from a person otherwise than on just terms, the Commonwealth must pay to the person such reasonable compensation:
(a) as is agreed between the person and the Commonwealth; or
(b) failing agreement--as is determined by a court of competent jurisdiction.
(2) In assessing compensation payable in proceedings under this section, any damages or compensation recovered or other remedy given in proceedings begun otherwise than under this section and arising out of the same transaction must be taken into account.
(3) In this section:
acquisition of property and just terms have the same meanings as in paragraph 51(xxxi) of the Constitution.