Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 45

Adjoining land may be provided as compensation

    (1)     If the Authority acquires compulsorily under this Division part of a parcel of land owned by a person, the Authority may require that person to take land

        (a)     that adjoins the part of that parcel that was not acquired; and

        (b)     that is owned by the Authority or is surplus land.

    (2)     The value of that adjoining land must be deducted from any amount to be paid by way of compensation to the owner of the land acquired compulsorily by the Authority.

    (3)     If the Authority and the owner cannot agree as to the value of the adjoining land, the value must be settled in the same manner and at the same time as the compensation to be paid to that owner.



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