s.11Claimant may opt for method of computation of compensation
11
Section 11Part 0

Claimant may opt for method of computation of compensation

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The claimant may, within the prescribed time and in the prescribed manner, elect to have his claim assessed under this Law in one of two methods of assessment, hereinafter referred to respectively as —
one-stage assessment; and
two-stage assessment.
If a claimant fails to make an election in the prescribed time and manner, he shall be deemed to have opted for the two-stage assessment.
An election, once made, shall be irrevocable.
The one-stage assessment shall have the following features —
the assessment shall be made on the assumption that any proposed road development on the land will be built as proposed; and
payment of any compensation awarded will be in full and final settlement of the claim.
The two-stage assessment shall have the following features —
on a preliminary basis, the assessment shall be based on the assumption that any proposed road development on the land will be built as proposed;
thereupon payment of such proportion of the award; as may be approved by the Assessment Committee, not exceeding seventy-five per cent of the amount assessed, shall be paid as an interim award;
when the proposed road development is implemented, the Assessment Committee (whether or not constituted in the same manner as the previous Committee) shall, within the prescribed time, being not later than one year after the scheduling of the road under section 5, review the interim award (conducting, if the Assessment Committee thinks necessary, a further hearing, and taking into account the actual location and other aspects of the road development) and make a final award; and
the Roads Authority shall implement the final award as necessary, and —
supplement the amount paid to the claimant pursuant to the interim award; or
recover from the claimant any excess amount so paid.

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