Compensation to be paid and betterment charges to be levied

§285

Summary

(1) Compensation shall be paid by the 1Municipal Commissioner to the owner of any building or land required for a public street under section 280, 281, 282 or 283 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the 1Municipal Commissioner :\br@s Provided that—\br@s (i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation ;\br@s (ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the 1Municipal Commissioner may recover from such owner half the amount of such excess as a betterment charge.\br@s (2) If in consequence of an order to set forward a building made by the 1Municipal Commissioner under section 284, the owner of such building sustains any loss or damage, compensation shall be paid to him by the 1Municipal Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the set-forward.\br@s (3) If the additional land which will be included in the premises of any person required or permitted under section 284 to set forward a building belongs to the 2Corporation, the order or permission of the 1Municipal Commissioner to set forward the building shall be sufficient conveyance to the said owner of the said land and the price to be paid to the 2Corporation by the said owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the said order or permission.\br@s (4) If, when the 1Municipal Commissioner requires a building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the 2Corporation or any of the other terms or conditions of the conveyance, the 1Municipal Commissioner, shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him refer the case for the determination of the Judge.\br@s

(1) Compensation shall be paid by the 1Municipal Commissioner to the owner of any building or land required for a public street under section 280, 281, 282 or 283 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the 1Municipal Commissioner :\br@s Provided that—\br@s (i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation ;\br@s (ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the 1Municipal Commissioner may recover from such owner half the amount of such excess as a betterment charge.\br@s (2) If in consequence of an order to set forward a building made by the 1Municipal Commissioner under section 284, the owner of such building sustains any loss or damage, compensation shall be paid to him by the 1Municipal Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the set-forward.\br@s (3) If the additional land which will be included in the premises of any person required or permitted under section 284 to set forward a building belongs to the 2Corporation, the order or permission of the 1Municipal Commissioner to set forward the building shall be sufficient conveyance to the said owner of the said land and the price to be paid to the 2Corporation by the said owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the said order or permission.\br@s (4) If, when the 1Municipal Commissioner requires a building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the 2Corporation or any of the other terms or conditions of the conveyance, the 1Municipal Commissioner, shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him refer the case for the determination of the Judge.\br@s

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