I proposed this idea ten years ago in order to provide a special court on the lines of the Lands Tribunal
in the U.
Despite winning the wayleave battle, the legal fight is still dragging on, with a Lands Tribunal
due to sit this month to decide the compensation that the business park should be paid.
If statutory claims made by the affected owners and tenants of both domestic and commercial properties under the Lands Resumption Ordinance cannot be settled by agreement, the owners and tenants may apply to the Lands Tribunal
As the Necessary Wayleave process does not award compensation SP Manweb Plc is currently preparing to attend the Lands Tribunal
and present its case.
30 the Upper Chamber of the Lands Tribunal
heard the case of Ramac Holdings Limited vs.
Cliffs, the Ring of Fire's former marquee player, was scheduled to go to court in June to appeal a decision by a provincial lands tribunal
that denied it access to the Black Thor chromite deposit atop the mining claims of a rival company.
Previously, once a farmer made an offer of sale to the state, s/he could not withdraw it and the two parties would be locked in never-ending negotiations with the Lands Tribunal
standing available for price determination.
The Lands Tribunal
has power in certain circumstances to modify or discharge restrictive covenants where the original purpose of the covenant has become inappropriate.
But the Lands Tribunal
ruled out any compensation last year, finding the company "did not intend to work the claim area" and "failed to establish any case based upon the depreciation of the value".
It would still be possible for the covenants to be discharged on application to the Lands Tribunal
A member of the Wales Lands Tribunal
, he stands down this year as chairman of the Welsh Assembly Appeals Panel.
The lands tribunal
case, which was won with the backing of tax experts at PwC in the region, will be seen as a major victory for hard-pressed developers and investors who have been highly critical of the tax.