44(1)An expropriating authority shall pay to an owner other than a tenant, in respect of disturbance, such reasonable costs as are the natural and reasonable consequences of the expropriation, including,
(a)
where the premises taken include the owner’s residence,
(i)
an allowance to compensate for inconvenience and the cost of finding another residence of five per cent of the compensation payable in respect of the market value of that part of the land expropriated that is used by the owner for residential purposes, if that part was not being offered for sale on the date of the expropriation, and
(ii)
an allowance for improvements the value of which is not reflected in the market value of the land;
(b)
where the premises taken do not include the owner’s residence, the owner’s reasonable costs of finding premises to replace those expropriated, if the land was not being offered for sale on the date of expropriation; and
(c)
reasonable relocation costs, including
(i)
moving costs, and
(ii)
legal and survey costs and other non-recoverable expenditures incurred in acquiring other premises.
44(2)An expropriating authority shall pay to a tenant occupying expropriated land in respect of disturbance so much of the cost referred to in subsection (1) as is appropriate having regard to
(a)
the length of the term;
(b)
the portion of the term remaining;
(c)
any rights to renew the tenancy or the reasonable prospects of renewal;
(d)
in the case of a business, the nature of the business; and
(e)
the extent of the tenant’s investment in the land.
44(1)An expropriating authority shall pay to an owner other than a tenant, in respect of disturbance, such reasonable costs as are the natural and reasonable consequences of the expropriation, including,
(a)
where the premises taken include the owner’s residence,
(i)
an allowance to compensate for inconvenience and the cost of finding another residence of five per cent of the compensation payable in respect of the market value of that part of the land expropriated that is used by the owner for residential purposes, if that part was not being offered for sale on the date of the expropriation, and
(ii)
an allowance for improvements the value of which is not reflected in the market value of the land;
(b)
where the premises taken do not include the owner’s residence, the owner’s reasonable costs of finding premises to replace those expropriated, if the land was not being offered for sale on the date of expropriation; and
(c)
reasonable relocation costs, including
(i)
moving costs, and
(ii)
legal and survey costs and other non-recoverable expenditures incurred in acquiring other premises.
44(2)An expropriating authority shall pay to a tenant occupying expropriated land in respect of disturbance so much of the cost referred to in subsection (1) as is appropriate having regard to
(a)
the length of the term;
(b)
the portion of the term remaining;
(c)
any rights to renew the tenancy or the reasonable prospects of renewal;
(d)
in the case of a business, the nature of the business; and
(e)
the extent of the tenant’s investment in the land.