s.36Acquisition of part of property
36
Section 36Part 7 — Miscellaneous

Acquisition of part of property

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The powers under this Law shall not be exercised for the purpose of acquiring a part only of any house, mill, factory or other building in any case where such part is reasonably required for the full and unimpaired use of the house, mill, factory or other building, and where any person interested states that he desires that the whole of the house, mill, factory or other building shall be acquired: Provided that such interested persons may, at any time before the magistrate has made an award under section 11, by notice in writing to the Governor, withdraw or modify his desire so stated that the whole of such house, mill, factory or building shall be so acquired.
The question whether or not any part of a house, mill, factory or building is reasonably required for the full and unimpaired use of the house, mill, factory or building, shall, if the parties cannot agree thereon, be determined by the magistrate.
Where any question arises as to whether or not any land which it is proposed to acquire under this Law is used in connection with any part of a house, mill, factory or building which is reasonably required for the full and unimpaired use of the house, mill, factory or building within the meaning of this section, the Governor shall refer the matter for the decision of the magistrate and shall not take possession of the particular part of the land as to which the reference is made pending the determination of such question
Where the Governor is of opinion that any claim under paragraph (a) of section 21(1) by a person interested, on account of the severing of the land to be acquired from his other land, is unreasonable or excessive, he may order the acquisition of the whole of the land of which the first land sought to be acquired forms a part.
Where the Governor orders the acquisition of the whole of the land under subsection (4), no fresh declaration or other proceedings under sections 6 to 10, shall be necessary; but the Governor shall without delay furnish a copy of the order to the person interested and the magistrate shall thereafter proceed to make his award under section 11.

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