ABSTRACT
This chapter discusses the rules for the assessment of compensation for land acquired where the market value is used: this is the normal basis unless it has been agreed that an owner shall be paid the costs of his reinstatement or he comes within one of the special cases dealt. The use of market value in preference to some other basis for assessing compensation presents special problems. Now that section 5A of the Land Compensation Act 1961 provides for a valuation date, when the land is to be valued for the purposes of rule, it follows that the condition of the property on the valuation date is the relevant condition: see Fraser v Fraserville City. In Hughes v Doncaster Metropolitan Borough Council, the House of Lords decided that as rule referred to the value of land, and 'value' referred to the total claim for compensation, land and other losses, rule therefore applied to a claim for disturbance compensation.
