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The Pamphlet Collection of Sir Robert Stout: Volume 27

As to the Taking for Public Purposes, or Resumption, of Lands leased

As to the Taking for Public Purposes, or Resumption, of Lands leased.

26. Should any part of the land so leased be taken for public purposes or resumed by the lessor, the rent payable by the lessee shall be abated in such proportion to the whole rent payable under the lease as the area so taken or resumed bears to the whole area leased, and the lessee shall, upon such taking or resumption of the whole or any part of the lands page 9 leased by him, be paid by the lessor compensation, valued by arbitration, for any substantial improvements of a permanent character which may have been made by him and may be then in existence on the said lands the possession of which has been so resumed.

27. If by reason of such taking or resumption any portion of the land included in the lease is so severed from the rest of the land included therein as in the opinion of the lessee greatly diminishes the value to him of the portion severed, then he shall, with the consent of the lessor, be entitled to surrender any portion so severed, and shall thereupon be entitled to a further abatement of rent and to compensation as if the portion so surrendered had been taken or resumed as above mentioned: Provided that should any difference arise in respect of any matter affected by the preceding clause or this clause it shall be referred to arbitration in the manner hereinafter provided.