When private land has to be acquired for public
purposes, usually to implement public works projects, it may be
acquired either by negotiation or by resumption under the relevant
ordinances. The ordinances provide for payment of compensation both
for the value of the property resumed as at the date of acquisition
and for business loss suffered. If agreement cannot be reached on
the amount of compensation, either party can refer the claim to
the Lands Tribunal for adjudication. As an alternative to statutory
compensation, there is in operation a system of ex gratia zonal
compensation to provide a simplified assessment procedure for agricultural
land acquired in the New Territories to enable the early release
of compensation payments to facilitate clearances.
A total of 84 202 square metres of private land,
comprising 83 568 square metres of agricultural land and 634 square
metres of building land, were acquired in 2004 to provide land primarily
for implementation of road projects, river training projects and
school development projects. The road projects included improvement
works to Tung Chung Road on Lantau Island, improvement of access
road at Kwan Tei North in Fanling, construction of a new access
road at Sha Kok Mei Village in Sai Kung, improvement of existing
roads in Cheung Chau Old Town and construction of emergency vehicular
access at Luk Tei Tong, Mui Wo. The river training projects included
the rehabilitation works at Sha Po Tsuen and the village flood protection
works for Sheung Cheung Wai in Yuen Long. The school development
projects included the construction of two schools at Area 31 in
Sheung Shui and three schools at Area 13 in Yuen Long. In 2004,
$620 million was paid by way of compensation.
The Lands Department was also involved in the
resumption of land for implementation of urban renewal projects
undertaken by the Urban Renewal Authority and the Hong Kong Housing
Society. During the year, compensation totalling $64.6 million was
paid to owners of 86 resumed properties affected by 11 urban renewal
projects in various locations, namely Mong Kok, Yau Ma Tei, Tai
Kok Tsui, Sham Shui Po, Wan Chai, Kennedy Town, Tsuen Wan and Tsim
Sha Tsui.
The Lands Department also continued to resume
and clear land for the Kowloon- Canton Railway Corporation for implementation
of its new railway projects. By year-end, $79 million was paid out
by way of compensation in respect of the West Rail project and $26
million for the East Rail Extension project which included the Sheung
Shui-Lok Ma Chau Spur Line and the Hung Hom to Tsim Sha Tsui Line.
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