A special Act for waterworks gave power to ‘take or use’ any land for the construction of works, subject to compensation under the 1845 Act. The works involved the laying of pipes in the public road, and the claim was by the authority responsible for maintaining the highway.
Held: Compensation was payable under section 68. Lord Parker noted that the special Act incorporated the 1845 Act, observing: ‘It has long been settled that the incorporation of this latter Act is of itself sufficient to confer a right to compensation whenever land is injuriously affected by the execution of works authorised by the special Act.’
Judges:
Lord Parker
Citations:
[1913] AC 567
Statutes:
Land Clauses Consolidation Act 1845 68
Jurisdiction:
England and Wales
Cited by:
Cited – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 14 May 2022; Ref: scu.259682