Jersey Law 4/1981
COMPULSORY PURCHASE OF LAND (PROCEDURE) (AMENDMENT NO. 3) (JERSEY)
LAW, 1981.
____________
A LAW to
amend further the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961,
sanctioned by Order of Her Most Excellent Majesty in Council of the
18th day of MARCH, 1981.
____________
(Registered on the 21st day of April, 1981).
____________
STATES OF JERSEY.
____________
The 30th day of
September, 1980.
____________
THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law –
ARTICLE
1
In paragraph (3) of Article 4 of the Compulsory Purchase of Land
(Procedure) (Jersey) Law, 1961. as
amended, (hereinafter referred to as “the principal Law”) for the
words “the interest will be acquired in consideration of a compensation
assessed in manner hereafter in this Law provided” there shall be
substituted the words “the interest will be acquired and compensation
assessed in manner hereafter in this Law provided”.
ARTICLE
2
After Article 4 or the principal Law there
shall be inserted the following Article
“ARTICLE 4A
POWER TO VEST LAND IN PUBLIC
(1) Where,
after the expiration of the period referred to in paragraph (3) of Article 4 of
this Law, the owner, lessee or occupier of the land has not accepted the offer
of the acquiring authority, the Greffier of the
States shall, on giving at least eight days notice of his intention so to do to
the said owner, lessee or occupier, apply to the Inferior Number of the Royal
Court for an order that the land be vested in the public.
(2) The
Inferior Number of the Royal Court, on an application made in pursuance of
paragraph (1) of this Article, shall, if satisfied that the provisions of this
Law have been complied with, order that the land be vested in the public and
that a record of the title of the public be registered in the public Registry
of Contracts.
(3) A
record registered under paragraph (2) of this Article shall have like effect to
a contract passed before the Royal Court and shall constitute a valid title to
the land and to the rights appertaining thereto, and such title shall bear the
date of the order of the Court.
(4) A
record registered as aforesaid shall not be renounced for want of insertion in
the register of a “décret” if it
bears a date prior to that of the insertion on which a ‘tenant’ is
confirmed in the tenure of the real estate ‘en décret’”.
ARTICLE
3
(1) For
sub-paragraph (b) of paragraph (1) of
Article 9 of the principal Law there
shall be substituted the following subparagraph
“(b) the value of the land shall, subject
as hereinafter provided, be taken to be the amount which the land might have
been expected to realise if sold on the open market
by a willing seller on the date on which the Inferior Number of the Royal Court
made the order vesting the land in the public;”
(2) After
Article 9 of the principal Law there shall be inserted the following Article
–
“ARTICLE 9A
PAYMENT OF COMPENSATION
(1) Subject
to the provisions of paragraph (3) of this Article, where land has been vested
in the public in accordance with Article 4A of this Law the acquiring authority
shall forthwith pay to the vendor –
(a) seventy-five per cent of the amount of
compensation offered under paragraph (3) of Article 4 of this Law; or
(b) where there are charges on the land,
seventy-five per cent of any balance remaining after deduction of those charges
from the amount of compensation offered under the said paragraph (3).
(2) Where
the amount of compensation assessed by the Board in pursuance of Article 9 of
this Law is in excess of the amount paid under paragraph (1) of this Article,
the States shall pay to the vendor the difference between those amounts,
together with interest thereon at the rate specified in paragraph (4) of this
Article.
(3) The
provisions of this Article shall not apply in the case of land in respect of
which, by virtue of Article 6 of this Law, the compensation, or the balance
thereof, is to be discharged by the creation of simple conventional hypothecs,
the creation of new rentes, or the assignment of
ancient rentes, and accordingly, there shall be added
to the amount of compensation assessed by the Board in pursuance of Article 9
of this Law in respect of such land interest at the rate specified in paragraph
(4) of this Article.
(4) For
the purposes or paragraphs (2) and (3) of this Article interest shall be
payable at such rate as shall from day to day correspond with Bank of
England’s Minimum Lending Rate, compounded at yearly rests, from the date
on which the Inferior Number of the Royal Court made the order vesting the land
in the public to the date of registration of the award of the Board.”
ARTICLE
4
For Article 13 of the principal Law there
shall be substituted the following Article –
“ARTICLE 13
REGISTRATION OF AWARD OF BOARD
(1) The
award of the Board shall specify the amount awarded in respect of each matter
the subject of the award and, insofar as the award relates to the acquisition
of land on which there are charges which the States are bound under Article 6
of this Law to discharge, the amount specified shall be the balance after
deduction of the charges.
(2) The
Inferior Number of the Royal Court shall, on the application of the Greffier of the States, order the registration of the award
of the Board in the Rolls of the Royal Court.”
ARTICLE
5
This Law may be cited as the Compulsory Purchase of Land
(Procedure) (Amendment No. 3) (Jersey) Law, 1981.
R. S. GRAY,
Deputy Greffier of the States.