... the construction process only of a compulsory purchase scheme. The relevant provision which is found in section 10 is based upon a similar provision contained in section 68 of the Lands Clauses Consolidation Act 1845. Although a literal interpretation of the words used in section 68 did not provide the basis for any substantial compensation entitlement for owners from whom no land had been taken, the section has been interpreted by the courts from an early date as providing exactly that; and section 10 now expressly recognises and confirms that entitlement. It is not therefore surprising that the present basis for determining entitlement to compensation under section 10 is determined by case law which developed under the 1845 legislation. Indeed, two decisions of the House of Lords in the 19th century provide the more complete formulation of the circumstances in which compensation may be claimed. Four main rules (often referred ...

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