Compensation for acquisition of property
44ZZN Compensation for acquisition of property
If:
a determination would result in an acquisition of property; and
the determination would not be valid, apart from this section, because a particular person has not been sufficiently compensated;
the Commonwealth must pay that person:
a reasonable amount of compensation agreed on between the person and the Commonwealth; or
failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.
In assessing compensation payable in a proceeding begun under this section, the following must be taken into account if they arise out of the same event or transaction:
any damages or compensation recovered, or other remedy, in a proceeding begun otherwise than under this section;
compensation awarded under a determination.
In this section, acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
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