Commonwealth Consolidated Acts

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Compensation for acquisition of property

  (1)   If:

  (a)   a determination would result in an acquisition of property; and

  (b)   the determination would not be valid, apart from this section, because a particular person has not been sufficiently compensated;

the Commonwealth must pay that person:

  (c)   a reasonable amount of compensation agreed on between the person and the Commonwealth; or

  (d)   failing agreement--a reasonable amount of compensation determined by a court of competent jurisdiction.

  (2)   In assessing compensation payable in a proceeding begun under this section, the following must be taken into account if they arise out of the same event or transaction:

  (a)   any damages or compensation recovered, or other remedy, in a proceeding begun otherwise than under this section;

  (b)   compensation awarded under a determination.

  (3)   In this section, acquisition of property has the same meaning as in paragraph   51(xxxi) of the Constitution.

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