Singapore legislation
Clause 19
Clause 19
Compensation in respect of taking possession of land, etc.
(1)
The compensation payable under this Act in respect of the possession, use or occupation of any land shall be the aggregate of the following sums:
a sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of the land, during the period for which possession of the land is retained or during the period such land is used or occupied in the exercise of the powers conferred by this Act, under a lease granted immediately before the beginning of that period, whereby the landlord undertook to pay all property tax and to bear the cost of the repairs and insurance and the other expenses, if any, necessary to maintain the land in a state to command that rent;
a sum equal to the cost of making good any damage to the land which may have occurred during the period for which possession thereof is so retained or during the period such land is used or occupied (except in so far as the damage has been made good during that period by a person acting on behalf of the Government), no account being taken of fair wear and tear or damage caused by disaster or war operations; and
a sum equal to the amount of any expenses reasonably incurred, otherwise than on behalf of the Government, for the purpose of compliance with any directions given on behalf of the Government in connection with the taking possession of or the use or occupation of the land:Provided that —
in computing for the purposes of paragraph (a) the rent which might reasonably be expected to be payable in respect of any land, and in computing for the purposes of paragraph (c) any amount which might reasonably have been expected to be payable in addition to rent by an incoming tenant, no account shall be taken of any appreciation of values due to the exercise of the powers under this Act; and
there shall not, by virtue of paragraph (b), be payable in respect of damage to any land a sum greater than the value of the land at the time when possession, use or occupation thereof was taken in the exercise of the powers conferred by this Act, no account being taken of any appreciation in the value thereof due to the events which led to the exercise of those powers.
(2)
Any compensation under subsection (1)(a) shall be considered as accruing due from day to day during the period for which the possession of the land is taken or the land is used or occupied in the exercise of the powers under this Act, and be apportionable in respect of time accordingly, and shall be paid to the person who for the time being would be entitled to occupy the land but for the fact that possession thereof is retained or the land is used or occupied in the exercise of such powers; but this subsection shall not operate so as to require the making of payments at intervals of less than 3 months.
(3)
Any compensation under subsection (1)(b) shall accrue due at the end of the period for which possession of the land is retained or the land is used or occupied in the exercise of the powers under this Act and shall be paid to the person who is then the owner of the land.
(4)
Any compensation under subsection (1)(c) shall accrue due at the time when possession of the land is taken or the land is used or occupied in the exercise of the powers under this Act, and shall be paid to the person who, immediately before that time, was the occupier of the land.
(5)
Any compensation under subsection (1)(c) shall accrue due at the time when the expenses in respect of which the compensation is payable are incurred, and shall be paid to the person by whom or on whose behalf those expenses were incurred.