(1) If, by the
expenditure of money by the responsible authority in the making and carrying
out of a planning scheme, any land or property is within 12 months of the
completion of the work, or of the section of the work affecting the land, as
the case may be, increased in value, the responsible authority may recover
from any person whose land or property is so increased in value, one half of
the amount of that increase.
(2) A claim by a
responsible authority for the purposes of subsection (1) is to be made within
the time, if any, limited by the planning scheme, not being less than 3 months
after the date when notice of the approval of the scheme is first published.
(3) If a planning
scheme is amended or repealed by an order of the Minister under this Act any
person who has incurred expenditure for the purpose of complying with the
planning scheme is entitled to compensation from the responsible authority, in
so far as any such expenditure is rendered abortive by reason of the amendment
or repeal of the planning scheme.
(4) A question as to
the amount and manner of payment (whether by instalments or otherwise) of the
sum which —
(a) the
responsible authority is entitled to recover under this section from a person
whose land is increased in value; or
(b) is
to be paid as compensation under this section,
is to be determined by
arbitration in accordance with the Commercial Arbitration Act 2012 or by some
other method agreed by the parties.
[Section 184 amended: No. 23 of 2012 s. 45.]