Compensation
Claims for property compensation usually arise from either forced sale of premises or land under resumption. Other claims may involve business disturbance, and in special circumstances, full business extinguishment. These claims often stem from government action under the Land Resumption Ordinance CAP 124, or the Roads (Works, Use and Compensation) Ordinance CAP 370, where multiple heads of claim for compensation include not only the market value of the interest taken, but also potential losses involving reduction in value of premises or land retained, due to severance. They can also include reimbursement of professional fees incurred in formulating and processing claims. Minority owners in buildings under forced sale for redevelopment under CAP 545 legislation are an increasingly common group of clients requiring specialist advice, valuations, and professional representation.
Ian has been active in all categories of compensation assessments and claims for 40 years, commencing with an important test case with beneficial outcome in the Lands Tribunal: CLR Ref. 1 of 1981. Resultant from the increase in compensation for the shop owner via this judgment, the owners of over 15 adjoining shops also received increased payments in Tsuen Wan.
IC&A have covered a very wide spectrum of compensation casework subsequently, as set out in the schedule linked here.
Scope of ClaimsIC&A have successfully obtained compensation for:
- Resumed land and buildings, some based upon existing use value; others taking full account of redevelopment potential;
- Retail and domestic premises owners, when being acquired by developers under The Land (Compulsory Sale for Redevelopment) Ordinance CAP 545;
- Business extinguishment, or temporary disturbance due to relocation, plus:
- Resumption of NT agricultural and building land.
Photo References
- Left: IC&A have acted for similar building owners for land value after resumption, and disturbance due to forced business relocation.
- Right: We have successfully obtained compensation for reduction in land value due to overhead power lines.
Specialist Compensation Casework
Unusual compensation assignments IC&A have successfully processed include:
- For reduction to the market value to New Territories landholdings due to power cable easements granted over land, vide the Electricity Networks Ordinance;
- Loss of development value to urban land due to sub-terranean MTR route protection, with underground strata reservations for future MTR lines curtailing the scale of physical redevelopment, and hence the value, of the land above, even:
- Street widening at redevelopment.
Whilst the large majority of IC&A's compensation casework has been acting for the claimants, Ian Cullen has also been engaged by:
- Lands Department;
- The old Land Development Corporation for valuation of whole resumption scheme, and:
- Urban Renewal Authority, for multiple ex-gratia assessments.
Photo References
- Left: High value retail premises required for future urban renewal were valued, and successful compensation settlements achieved, by IC&A.
- Below: Retail premises involved in CAP 545 forced sale for redevelopment.
Summary
In sum, we have extremely diverse experience in all categories of compensation claims, their formulation and processing, including taking multiple cases into the Lands Tribunal for final determination.
We thus feel confident that IC&A have the experience, and track record, to successfully process claims, with no conflict of interest, particularly for minority owners in buildings affected by CAP 545 compulsory sales applications.
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