Cap. 88 чл. 27Assessment of compensation by Board.

(1) Without prejudice to any special provision contained in this Ordinance, in assessing compensation the Board shall act in accordance with the following rules:

(a) no allowance shall be made on account of the acquisition being compulsory;

(b) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realize: Provided that -

(i) the value of the land shall be the value as at the time when the President’s Declaration was served, without regard to any improvements or works made or constructed thereafter on the said land and where the land was in the possession of the competent authority immediately prior to the service of the President’s Declaration no regard shall be had, in assessing the value of the land, to any improvements or works made or constructed by the competent authority while in possession of the land;

(ii) where a part only of the land belonging to any person is taken under this Ordinance, any enhancement of the value of the residue of the land by reason of the proximity of any improvements or works made or constructed by the competent authority within eighteen months before the publication of the President’s Declaration, or to be made or constructed by the competent authority within eighteen months after the publication of the President’s Declaration shall be taken into consideration;

(iii) the damage, if any, sustained by the owner by reason of the severance of the land from other land belonging to such owner or other injurious effect upon such other land by reason of the exercise of the powers conferred by this Ordinance, shall be taken into consideration;

(iv) where damage has been sustained by reason of any works done in or upon the land, regard shall shall be assessed in accordance with article 22(11)(aa).

(2) When the compensation to be assessed is in respect of the possession and use only of an old urban tenement and not also of the ownership thereof, the amount of the acquisition rent shall be assessed at the yearly rent of the tenement as shown on the registers of the Land Valuation Office.

(3) Where, however, -

(a) the fair rent of an old dwelling house as unfurnished has been assessed by the Rent Regulation Board under the provisions of the Rent Restriction (Dwelling Houses) Ordinance, or

(b) the rent of an old urban tenement let unfurnished at a rent not in excess of ninety-three euro and seventeen cents (93.17) a year has, after the 31st March, 1939, been assessed by the Rent Regulation Board under the provisions of the Reletting of Urban Property (Regulation) Ordinance on consideration of the reports of the two members of the Panel assigned to that case by that Board or the report of the technical members of that Board, as the case may be, following an inspection by them of the building, or

(c) the rent of an old dwelling house let unfurnished at a rent in excess of ninety-three euro and seventeen cents (93.17) but not in excess of one hundred and sixteen euro and forty-seven cents (116.47) a year or of an old shop (within the meaning of the Reletting of Urban Property (Regulation) Ordinance) let unfurnished at a rent in excess of ninety-three euro and seventeen cents (93.17) a year has, at any time between the 1st April, 1939, and the 11th June, 1940, been increased under the provisions of article 14(2) of the Reletting of Urban Property (Regulation) Ordinance, or

(d) the rent of an old dwelling house let unfurnished at a rent in excess of one hundred and sixteen euro and forty-seven cents (116.47) a year has been increased at any time between the 1st April, 1939, and the 11th June, 1940, the yearly rent so assessed, or mutually agreed upon, shall constitute the assessment of the acquisition rent payable in respect of the possession and use of the old urban tenement concerned.

(4) Where two or more determinations in respect of the same building have been given by the Rent Regulation Board (referred to in subarticle (3)) the assessment made by the last determination shall constitute the assessment of the amount of the acquisition rent if that determination was given following an inspection of the Regulation Board subsequently to an increase of rent referred to in subarticle (3)(d) the rent fixed by that Board shall constitute the assessment of the amount of the acquisition rent, if that determination was given following an inspection of the building by the two members of the Panel assigned to that case by the Board, or the technical members of that Board, as the case may be, and on consideration of their report.

(6) Where the yearly rent of an old urban tenement has not been assessed by the Rent Regulation Board as set out in subarticles (3), (4) and (5) and the competent authority or the owner proves that the average yearly rent of the building during the five years from the 1st April, 1934, to the 31st March, 1939, was different to that shown on the registers of the Land Valuation Office, such average yearly rent shall constitute the assessment of the amount of the acquisition rent instead of the rent as shown on the registers of the Land Valuation Office.

(7) For purposes of this Ordinance, any determination referable to any part in use of an urban tenement damaged or partly demolished by enemy or counter enemy action, which may have been made by the Rent Regulation Board upon consideration of that damage or partial demolition, shall be deemed to be inoperative.

(8) The acquisition rent to be assessed in respect of the possession and use of a new urban tenement shall be equal to the yearly rent determined by the appropriate board under the provisions of the Rent Restriction (Dwelling Houses) Ordinance, or in default of any such determination, by the Land Arbitration Board in accordance with the rules contained in the said Rent Restriction (Dwelling Houses) Ordinance, applicable to the assessment of the yearly rent of a new urban tenement.

(9) The amount of the acquisition rent in respect of the acquisition for possession and use of building sites not being urban tenements, of agricultural lands, or of waste lands shall be assessed at the estimated yearly rental value thereof as on the 31st March, 1939.

(10) For the purpose of assessing acquisition rent under subarticle (9) land shall be considered as agricultural land, a building site or waste land as the case may have been on the 31st March, 1939, and no consideration shall be taken of contingencies through which its nature or its value may have been altered since the 31st March, 1939, provided that the provisions contained in subarticle (12) shall apply to such structural additions as may have been effected on the land, between the 1st April, 1939 and the 28th November, 1946.

(11) For the purpose of subarticle (9) the yearly rental value of a building site means the estimated yearly ground rent at which that site could reasonably have been granted on 31st March, 1939, on emphyteusis in perpetuity; and the yearly rental value of waste land

(12) In the case of structural alterations or additions effected on the land between the 1st April, 1939, and the date of the declaration made by the President of Malta under article 3, the acquisition rent as fixed in the foregoing articles - not being rent previously fixed or revised by the Land Valuation Officer or previously fixed by the Rent Regulation Board after the alterations or additions were carried out - shall be revised by the competent authority and the owner, and, in case of disagreement, by the Board on the submission of either of them.

(13) The compensation in respect of the acquisition of any land on public tenure shall be equal to the acquisition rent assessable in respect thereof in accordance with the provisions contained in subarticles (2) to (12), inclusive, of this article, increased (a) by forty per centum (40%) in the case of an old urban tenement and (b) by twenty per centum (20%) in the case of agricultural land.

(14) The first payment of acquisition rent in respect of land of which possession and use is required for a public purpose shall be due as from the date of acquisition by the competent authority of possession of that land.

(15) Acquisition rent payable by the Government of Malta shall be a charge on the Consolidated Fund without any further appropriation than this Ordinance.

(16) Acquisition rent shall be fixed on a yearly basis but shall be paid half yearly in advance:

Provided that the competent authority at its option may at any time pay a broken amount in respect of any one or more parcels of land in order to regulate the due dates of payment thereafter in respect thereof.

(17) Recognition rent payable by the Government of Malta shall be a charge on the Consolidated Fund without any further appropriation than this Ordinance.

(18) The provisions concerning acquisition rent contained in subarticles (14) and (16) shall apply mutatis mutandis to recognition rent.

(19) Besides the acquisition rent or, as the case may be, recognition rent to be assessed in accordance with the provisions of this Ordinance, the competent authority in the circumstances set out hereunder, but not otherwise, shall in addition pay in one lump sum to the person from whom possession of the land has been compulsorily acquired a sum to be mutually agreed upon between the parties concerned, or, in default of agreement, to be assessed by the Board and in every case in the first instance the amount which the competent authority is offering for the purposes of this subarticle shall be included in the President’s Declaration together with the statement as to the amount of compensation referred to in article 22(2). Such an additional sum shall not be payable except by the competent authority and subject to the provisions contained in article 20(2), (3) and (4) not being applicable, and in such case the additional payment shall be equal to the reasonable cost of removing those furnishings to the dwelling house or to the place of storage reasonably selected by the same possessor; and

(b) the occupier of a bona fide trading establishment acquired by the competent authority and subject to the provisions contained in article 20 not being applicable, and in such case the additional payment shall be equal to the value of the goodwill of the same establishment computed at not more than the net profits made at that establishment by the same occupier during the two years ending on the date of the declaration referred to in article 3 if on that date the same occupier has been in occupation of those premises for not less than thirty months, or, in default of such occupation for at least thirty months, at not more than the net profits that would be likely to be made at that establishment by the same occupier during two years beginning on the termination of six months from the day when that occupier first started business in that establishment:

Provided that if the provisions of article 20(2), (3) and (4) are applicable in respect of the occupier of a bona fide trading establishment, the additional compensation payable shall not exceed the amount provided in subarticle (3) of that article or the amount provided in paragraph (b), whichever is the greater.