Roads and lanes in a pre-1906 subdivision that have been compulsorily acquired must be valued in their actual condition as existing roads burdened with private rights-of-way, not on an in globo basis as if the subdivision had never occurred. The matrix of private rights-of-way created by Dabbs v Seaman over all roads and lanes in a subdivision must be taken into account in assessing compensation. Where multiple parties hold interests in compulsorily acquired land, the Land and Environment Court must invoke s 25(2) to join those parties before compensation is determined and paid.
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