The Small Landholders (Scotland) Act 1911, sec. 7 (11), provides – ‘Provided that where the Land Court are of opinion that damage or injury will be done . . in respect of any depreciation in the value of the estate of which the land forms part in consequence of and directly attributable to the constitution of the new holding or holdings as proposed, they shall require the Board, in the event of the scheme being proceeded with, to pay compensation to such amount as the Land Court,’ or in certain circumstances an arbiter, ‘determine. . . ‘
ld (aff. judgment of the Second Division) that an arbiter was entitled to allow compensation for ‘depreciation on the saleable value’ of the estate due to the presence of the small holding.
Judges:
Viscount Haldane, Lord Kinnear, Lord Shaw, Lord Parmoor, and Lord Wrenbury
Citations:
[1916] UKHL 207, 53 SLR 207
Links:
Jurisdiction:
Scotland
Agriculture
Updated: 23 August 2022; Ref: scu.630671
