Legal Thesaurus

Rebus sic stantibus :

No compensation can be recovered based upon the probable improvement in the value of the land taken owning to the use it is going to be put by the purchasers, Sir W. Page Wood said, in Penny v. Penny, [LR 5 Eq 227]. “As to the value of the interest, it appears to me clear that the plaintiff’s interest is not to be treated as having been increased through an Act of the Board of Works……. It is not the interest which has been acquired by the Board that has to be estimated, but the valued of the interest taken from the person with whom the Board deals….The scheme of the Act, I take to be this: that every man’s interest shall be valued, rebus sic stantibus just as it occurs at the very moment when the notice to treat is given. Any difference in the result which is due to the accident of the property being taken by a public body is not to be thrown into the compensation fund.” [Section 23, Land Acquisition Act, 1894]

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