Colonel Millsasked the Minister of Agriculture whether a claim against a landowner under Section 23 of the Agriculture (Miscellaneous War Provisions) Act, 1940, will arise in respect of work done by a county war agricultural executive committee while in possession of land under Defence Regulations if that work consists in making good defects in the condition of the land which had been taken into account when assessing the compensation or rent payable under Section 2 of the Compensation (Defence) Act, 1939?
Mr. HudsonA claim under Subsection (5) of Section 23 of the Agriculture (Miscellaneous War Provisions) Act, 1940, will arise when possession is given up if the value of the land is increased by anything done on the land for the purpose of enabling the land to be properly farmed. If, however, the landowner has accepted a reduction in compensation rental or in any compensation for tenant right which may be payable under the Compensation (Defence) Act, 1939, for the purpose of enabling particular defects to be remedied during the period of possession, no claim in respect of the increase in the value of the land attributable to the remedying of these defects would be made when possession is given up.