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 a system of ex gratia zonal compensation
at pre-determined rates. It provides a
simplified assessment procedure for agricultural
land acquired in the New Territories,
enabling the early release of compensation
payments to the landowners to facilitate
clearances.
A total of 25 914
square metres of private land, comprising
25 869 square metres of agricultural
land and 45 square metres of building
land, were acquired in 2005 to provide
land primarily for road projects, drainage
projects and a village expansion project
at Wo Yi Hop in Tsuen Wan District where
$423 million was paid in 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
$370.22 million was paid to owners of
152 resumed properties and occupiers affected
by 17 urban renewal projects in Hung Hom,
Tai Kok Tsui, Sham Shui Po, Sai Ying Pun,
Wan Chai, Shau Kei Wan, Tsim Sha Tsui
and Tsuen Wan. The Lands Department
also continued to resume and clear land
for the Kowloon-Canton Railway Corporation
for implementation of its railway projects.
By year-end, $20 million had been paid
in compensation for land resumed for the
West Rail project and $12 million for
the East Rail Extension project which
includes the Sheung Shui to Lok Ma Chau
spur line and the Hung Hom to Tsim Sha
Tsui line. |