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21 1966



Rules Applicable as Respects Assessment of Compensation

Section 84.


Land Consisting of a House Unfit for Human Habitation and not Capable of being Rendered Fit for Human Habitation at Reasonable Expense

The arbitrator shall assess the compensation to be paid for the land, including the buildings thereon, as the value of the land as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963 , less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.


Other Land

1. If the arbitrator is satisfied with respect to any premises that the rental thereof was enhanced by reason of their being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the compensation shall so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes and only by the number of persons whom the premises were, under all the circumstances of the case, fitted to accommodate without such overcrowding.

2. If the arbitrator is satisfied that any premises are in a state of defective sanitation or are not in reasonably good repair the compensation shall be the estimated value of the premises if put into a sanitary condition, or reasonably good repair, less the estimated expense of putting them into such condition or repair.

3. The housing authority may tender evidence as to the matters aforesaid, notwithstanding that they have not taken any steps with a view to remedying the defects or evils disclosed by the evidence.