{"kind":"expression","expression":{"expr_id":"168","doc_id":"168","label":"2005 Revision","is_as_enacted":"f","commenced_on":"2005-09-05","superseded_on":null,"valid_from":"2005-09-05","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/1974\/18\/eng@2005-09-05","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1974\/18\", \"expression\": \"\/akn\/ky\/act\/1974\/18\/eng@2005-09-05\", \"manifestation\": \"\/akn\/ky\/act\/1974\/18\/eng@2005-09-05.pdf\"}, \"pdf\": {\"md5\": \"beda17ddb7363068c55a172729a1934d\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1974\/1974-0018\/1974-0018_2005 Revision.pdf\", \"pages\": 33, \"filename\": \"1974-0018_2005 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 11019, \"paragraph_count\": 27, \"text_char_count\": 67202}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Roads Law 26. Modification of Development and Planning Law (2005 Revision) re long term projection of FIRST SCHEDULE ATTRIBUTES AND CHARACTERISTICS OF CATEGORIES OF ROADS SECOND SCHEDULE PART I - General PART II-Payment of Compensation Money PART III- Supplemental Provisions Roads Law ROADS LAW (2005 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Roads Law (2005 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Law \u2014 \u201cbuilding\u201d means building as defined in section 2 of the Development and Planning Law (2005 Revision); \u201ccarriageway\u201d means a way constituting or comprised in a public road, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles; \u201cCommissioner\u201d means the Commissioner of Police or any person deputed to act on his behalf; \u201cCommittee\u201d means the Assessment Committee referred to in section 7; \u201ccomposite map\u201d means a map (whether or not divided into section maps) prepared by the Lands and Survey Department showing superimposed one upon the other and drawn to the same scale \u2014 (a) the topographic map prepared under the direction of the Chief Surveyor under the Land Surveyors Law (1996 Revision); and (b) the registry map as defined in sections 2 and 14 of the Registered Land Law (2004 Revision); Roads Law \u201ccycle track\u201d means a way constituting or comprising a public road, being a way over which the public have the following but no other rights of way, that is to say, a right of way on pedal cycles with or without a right of way on foot; \u201cdeclared day\u201d means, in relation to any land, the day on which a declaration under section 3, as respects that land, is first published in the Gazette; \u201cfootpath\u201d means a public road over which the public have a right of way on foot only, not being a footway; \u201cfootway\u201d means a way comprised in a public road which also comprises a carriageway, being a way over which the public have right of way on foot only; \u201cfunctions\u201d includes powers and duties; \u201cGovernor\u201d means the Governor in Cabinet; \u201cland\u201d means land as defined in section 2 of the Registered Land Law (2004 Revision); \u201cmosquito control trail\u201d means any portion of land developed (whether in relation to a dyke or otherwise) by, or at the direction of, the Mosquito Research and Control Unit to provide access to the land for the purpose of carrying out mosquito research and control function; \u201cprivate road\u201d means a road to which the public does not have access as of right; \u201cpublic road\u201d means a road which \u2014 (a) is maintained at public expense; or (b) is dedicated in that capacity to the use of the public as of right, and which, in either event, is declared by the Highway Authority to be a public road pursuant to this Law; \u201cregister\u201d means the register under the Registered Land Law (2004 Revision); \u201cregistered\u201d means registered under the Registered Land Law (2004 Revision); \u201cRegistrar\u201d means the Registrar under the Registered Land Law (2004 Revision); \u201croad\u201d includes the carriageway, waterways, bridges, culverts and fordings on the edge of the road, and the land on each side of the carriageway and waterways up to the boundary of the road; but does not include a mosquito control trail other than to the extent to which any such trail is declared to be a public road under this Law; \u201cRoads Authority\u201d or \u201cAuthority\u201d means the National Roads Authority established under section 3 of the National Roads Authority Law (2005 Revision). \u201cstatutory undertakers\u201d means persons authorised by any law to carry on any road transport, water transport, dock, harbour or pier undertaking, or any undertaking for the supply of electricity, water, telephone, telegraphic, sewerage Roads Law or quarrying services and \u201cstatutory undertaking\u201d shall be construed accordingly; \u201ctraffic sign\u201d is a sign erected by the Commissioner in or in the vicinity of a road for the purpose of controlling and regulating traffic and the parking of vehicles; and \u201ctraffic signal\u201d means a device by which illuminated signals in red, green or amber, or combinations of any such colours are intermittently displayed at the centre of side of a road at an intersection or junction or other place where the Commissioner desires to control traffic, in conjunction with a metallic or white line drawn at right angles to the centre line of the road in the path of vehicles approaching the said device.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Notification of proposal to take land 3. (1) Whenever it appears to the Governor, upon recommendation by the Roads Authority, that any particular portion of land is needed for the layout of a new public road or the widening or diverting of an existing public road, a declaration to that effect shall be \u2014 (a) gazetted; (b) sent by registered post to the registered proprietor of the land at his address on the register; and (c) published twice per week for three consecutive weeks in a daily newspaper published and circulating in the Islands. (2) The declaration shall state \u2014 (a) the intention of the Roads Authority to construct a road or portion of road over the portion of land; (b) the locality in which the portion of land is situated, specifying particulars of block and parcel numbers on the Register and, so far as feasible, any name or other information which may be helpful in identifying the land; (c) the line and anticipated boundaries of the road or proposed road; (d) the approximate area of the portion of land; and (e) the place where a plan can be inspected. (3) The Governor shall cause a detached plan of the proposed new road, or of the part of the road intended to be widened or diverted, and the lands through which it is to pass, to be transmitted to the Registrar and the Roads Authority to be exhibited to any person who may require to examine it. (4) The plan produced for the purposes of this section shall be such as to allow correlation of particulars thereon with particulars on the composite map. Roads Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Power to enter lands and survey for roads 4. (1) Where the Governor, upon recommendation by the Roads Authority deems it desirable to lay out any new public road or to divert or widen any part of an existing road for use by the public he may authorise in writing any person, either alone or accompanied by such assistants and workmen as may be required, to enter at any reasonable times upon lands for the purpose of making such surveys as may be necessary to enable such person to make plans and sections of the proposed works and an estimate of the cost thereof. (2) No person shall, under subsection (1), enter upon any occupied lands without the consent of the occupier unless three days\u2019 notice in writing has been given to such occupier or, where such occupier cannot be found, notice of such entry has been posted conspicuously on the said land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Governor to have power to classify and schedule roads and assign functions 5. (1) The Governor, shall, under this Law be empowered to \u2014 (a) cause any roads to be classified and scheduled as public roads; (b) cause the schedules of such public roads to be published in the Gazette from time to time; and (c) ensure the implementation of this Law and the regulations. (2) Whenever it becomes necessary or desirable for the purposes of this Law to define any public road or proposed public road by reference to the composite map, that function shall be performed by the Governor; and the composite maps on which roads or proposed roads are so defined are hereinafter referred to as \u201cprescribed composite maps\u201d, and, where it is desirable to distinguish between roads as proposed and roads as actually built, the prescribed composite maps may be divided into categories for that purpose. (3) Subject to section 17(3), the Governor may \u2014 (a) assign or delegate any of his functions under this Law (other than the power to make regulations) to any public officer or officers or to any statutory corporation; and (b) provide, by regulations, for liaison and collaboration between any such assignees or delegates and such other persons as may be prescribed. (4) The assignment or delegation of any function of the Governor under this Law shall not prevent the exercise of that function by the Governor himself. (5) Public roads and any proposed public roads shall be classified into \u2014 (a) primary arterial roads; (b) secondary arterial roads; (c) collector roads; (d) access roads; and Roads Law (e) public footpaths. (6) The Governor, upon recommendation by the Roads Authority may, by regulations, provide for \u2014 (a) prescribing the attributes and characteristics of each category of roads and, without prejudice to the generality of the foregoing, establishing standards for the dimensions, design, maintenance and improvement, and such other features as he thinks fit in relation to such roads: (b) controlling the type, weight and other particulars of vehicles which may be used on any such category of road so as to ensure the proper purpose of that category of road; and (c) repeal, amendment or replacement of the First Schedule. (7) Until other provision is made under subsection (6), the provisions set out in the First Schedule shall be the attributes and characteristics of the various categories of roads referred to therein.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Power to take land 6. In any case where a declaration has been published under section 3(1), and where the Governor, upon recommendation by the Roads Authority, is satisfied that it is in the public interest to lay out, widen or divert a road over the portion of land to which the declaration relates, then, notwithstanding anything contained in any other law, and subject to the provisions of this Law which relate to the payment of compensation, the Governor may, on the expiration of fifteen days from the publication of the declaration, authorise the Roads Authority to enter upon the said portion of land and cause the said road or portion of road to be commenced or proceeded with without further notification.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Assessment Committee 7. (1) There is established, for the purpose of assessing compensation under this Law, an Assessment Committee. (2) The Committee shall consist of \u2014 (a) a magistrate, designated by the Governor, who shall be chairman of the Committee; (b) a Justice of the Peace chosen by the magistrate; and (c) one other member chosen by the magistrate from the panel of persons referred to in subsection (3). (3) The Governor shall, from time to time, appoint a panel of six persons appearing to him to be knowledgeable in matters relating to land values or highways from among whom a member of the Committee shall be chosen under paragraph (c) of subsection (2). Roads Law (4) Regulations may prescribe the practice and procedure before the Committee and, without prejudice to the generality of the foregoing, may permit two or more such Committees to be constituted at the same time. (5) The Second Schedule shall have effect with regard to the powers and duties of the Committee and otherwise as provided therein.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Rights to compensation 8. (1) Any person having an interest in any portion of land to which a declaration under section 3 relates or which has been taken by the Governor under this Law and who has suffered a net loss by reason thereof, may make a claim within the time limited by, and otherwise in accordance with, this Law, and compensation for that loss shall, subject to this Law, be payable by the Roads Authority to the person making the claim (hereinafter referred to as \u201cthe claimant\u201d). (2) For the purposes of this Law, a claimant does not qualify for compensation as having suffered a net loss unless, at the time of dispossession of such portion of land under this Law, any damage attributable to \u2014 (a) loss of any standing crop or trees on the portion of land; (b) the severance of such portion of land from the claimant\u2019s other land; (c) the injurious effect on the claimant\u2019s other land of the dispossession of such portion of land; and (d) the loss of such portion of land, assessed at its market value, exceeds the value of the advantage to the claimant gained by the presence of the new or improved road adjacent to his land. (3) Subject to subsection (4), a claimant does not qualify for compensation if his interest in the portion of land to which his claim relates was acquired after the declared day. (4) Subsection (3) does not apply to any interest acquired by inheritance, whether as a direct bequest or an appropriation towards satisfaction of a legacy or other share in the estate of a deceased person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Notice of intent and claims for compensation 9. (1) A claim for compensation shall be entertained only if the claimant gives to the Roads Authority, not later than ninety days after the declared day, in such form and manner as may be prescribed, notice of intent to make the claim: Provided that where the notice is given later than the time allowed, the Roads Authority, if satisfied that the delay was occasioned by illness, absence from the Islands or other good cause, may, in its absolute discretion, accept the notice at any time thereafter. (2) A claim for compensation may, in such form and manner as may be prescribed, be served on the Roads Authority at any time after the giving of the notice of Roads Law intent but not later than one year after the proposed road is scheduled as a public road under section 5(1) and shall contain the following particulars \u2014 (a) the land in respect of which the claim is made; (b) the claimant\u2019s interest, the date on which and the manner in which it was acquired; (c) the claimant\u2019s occupation of the land; (d) the declaration in the Gazette under section 3 in relation to the land, any entry on the land and works undertaken thereon under section 6 or any other action taken under this Law in relation to that land; (e) the amount of compensation claimed; (f) any land contiguous or adjacent to the land in respect of which the claim is made, being land to which the claimant was entitled in the same capacity on the relevant date; and (g) such other particulars as may be prescribed. (3) The Roads Authority may, in its absolute discretion, accept a claim made after the expiration of the claim period specified in subsection (2) if it is satisfied that the delay in submitting the claim is due to illness, absence from the Islands or some other good cause: Provided that such claim shall not be accepted if made after such time as may be prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Negotiations consequent on claim 10. (1) A claim made under section 9 may be settled by agreement between the Roads Authority and the claimant but, in default of such agreement shall, as soon as practicable, be submitted by the Roads Authority to the Assessment Committee. (2) An agreed settlement of a claim may be wholly in money, wholly in kind or partly in money and kind.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Claimant may opt for method of computation of compensation 11. (1) The claimant may, within the prescribed time and in the prescribed manner, elect to have his claim assessed under this Law in one of two methods of assessment, hereinafter referred to respectively as \u2014 (a) one-stage assessment; and (b) two-stage assessment. (2) If a claimant fails to make an election in the prescribed time and manner, he shall be deemed to have opted for the two-stage assessment. (3) An election, once made, shall be irrevocable. (4) The one-stage assessment shall have the following features \u2014 Roads Law (a) the assessment shall be made on the assumption that any proposed road development on the land will be built as proposed; and (b) payment of any compensation awarded will be in full and final settlement of the claim. (5) The two-stage assessment shall have the following features \u2014 (a) on a preliminary basis, the assessment shall be based on the assumption that any proposed road development on the land will be built as proposed; (b) thereupon payment of such proportion of the award; as may be approved by the Assessment Committee, not exceeding seventy-five per cent of the amount assessed, shall be paid as an interim award; (c) when the proposed road development is implemented, the Assessment Committee (whether or not constituted in the same manner as the previous Committee) shall, within the prescribed time, being not later than one year after the scheduling of the road under section 5, review the interim award (conducting, if the Assessment Committee thinks necessary, a further hearing, and taking into account the actual location and other aspects of the road development) and make a final award; and (d) the Roads Authority shall implement the final award as necessary, and \u2014 (i) supplement the amount paid to the claimant pursuant to the interim award; or (ii) recover from the claimant any excess amount so paid.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Provisions supplementary to powers and duties of Assessment Committee 12. (1) An assessment committee, in exercising its powers to make an award under this Law, shall be guided by the provisions in the Second Schedule. (2) The Second Schedule shall have effect for all purposes connected with the assessment and payment of awards and for such other purposes as are specified therein.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Powers of Roads Authority 13. The Roads Authority may cause \u2014 (a) traffic to be diverted from any road for the purpose of altering or improving the same; (b) temporary roads to be made over land adjoining public roads to be made and used as public roads while alterations or repairs are being made to such public roads; (c) drains to be cut on any land adjoining a public road for the purpose of intercepting water which would otherwise flow onto such road or for carrying off water from such road; Roads Law (d) deposits to be made of any spoil, surplus material or refuse from any road, landslip or excavation; and (e) quarries to be opened and worked and excavations to be made and stones and materials gathered for the construction or repair of any road.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Discontinuance of roads 14. (1) Wherever it appears to the Governor, upon recommendation by the Roads Authority, that it is expedient to close a public road or portion of such road he shall publish a declaration to that effect in the Gazette, and such declaration shall specify \u2014 (a) the road or portion of road proposed to be discontinued; (b) the date from after which such road or portion of road shall cease to be a road; and (c) the place where a plan of such road or portion of road may be inspected. (2) The Governor shall cause a plan of such road or portion of road proposed to be discontinued to be transmitted to the Registrar and the Roads Authority and to be exhibited to any person who may require to examine it. (3) From the date specified in a declaration made under subsection (1), such road or portion of road specified in such declaration shall cease to be a road and all public rights of way over the same shall cease after the said date, and thereafter the land over which the said road or portion of road passed shall vest in the Crown or be added to such land parcels as the Governor, subject to subsection (4), may, by notice in the Gazette, decree. (4) The Governor, in exercising any power under subsection (3), shall \u2014 (a) have regard to the interests of all persons whose lands, immediately prior to the discontinuance of a road or portion of a road, were adjacent thereto and, so far as he thinks fair and just, order that the land over which the said road or portion of road passed be added to such adjacent lands on such terms, in such a manner and to such a degree as he thinks appropriate; and (b) make such provision in the terms aforesaid as he thinks proper having regard to any price or compensation paid on acquiring any portion of that land for road purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Powers of entry and occupation of private lands 15. (1) For any one or more purposes specified in section 13, the Roads Authority or any person authorised by the Authority in writing, may, at any time, without previous notice, payment, tender or deposit, enter upon any land not being any house, yard or garden, or provision ground attached to a house and not being a park, avenue or ground ornamentally planted and without acquiring such land, occupy and use the said land so long as may be necessary for any of the said purposes, or any work connected therewith. Roads Law (2) In exercising the powers conferred by subsection (1), the Roads Authority or any person authorised by the Authority in writing may \u2014 (a) make such openings as may be necessary in any fence; (b) erect fences to separate any portions of the land so entered upon from the remainder; (c) deposit and prepare upon such land materials of any kind used in the work; and (d) erect thereupon temporary workshops, stores, sheds and other buildings. (3) The owner or occupier of or any person interested in any land occupied or used under this section may, at any time not later than three months after the commencement of such occupation, deliver to the Roads Authority an application in writing for assessment of compensation in accordance with this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Encroachments 16. The following are, for the purpose of this Law, encroachments on a road \u2014 (a) any fence erected upon or extending on or over any public road; (b) any tree or shrub projecting upon, overhanging, fallen upon, placed or planted upon any such road; (c) any obstruction caused by debris or refuse resulting from works carried out by occupiers of land adjoining such road; (d) any pit, cutting or excavation in, upon or under any public road otherwise than pursuant to approval given, and in accordance with any conditions stipulated by the Roads Authority; (e) any pit, cutting or excavation, in, upon or under any land adjoining such road which is not sufficiently fenced or otherwise made safe; (f) any stone, earth, timber or other substance thrown into or placed in any watercourse, which impedes or may impede the drainage of water from such road; (g) any artificial canal, conduit, pipe or raised structure from which any water or other liquid escapes on to any road which would not but for the existence of such canal, conduit, pipe or raised structure have done so, whether or not such canal, conduit, pipe or raised structure adjoins the said road; (h) any earth, stone or other substance dropped, left or deposited upon such road otherwise than deposits authorised to be deposited in the course of road construction or improvement; (i) any pipe, drain or discharge of water or other liquid on the road from any premises adjoining such road; Roads Law (j) any discarded or abandoned vehicle or portion thereof dumped or parked within sight from any public road; and (k) any obstruction of a view contrary to section 18(1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Removal of encroachments 17. (1) Wherever there exists any encroachment on a public road, the owner or occupier of the land or thing from which such encroachment proceeds, or the owner of the thing constituting the encroachment shall, after receiving a notice thereof in writing from the Roads Authority, forthwith remove or abate the same at his own cost and in the event of non-compliance with such a notice by the owner or occupier, as the case may be, the Roads Authority may cause the encroachment to be removed in such a manner as the Authority may think fit. (2) Where the Roads Authority directs the removal of an encroachment under subsection (1) \u2014 (a) the Roads Authority may, without giving notice, authorise any persons to enter upon any land for the purpose of removing the encroachment; (b) neither the Roads Authority nor any person authorised by the Authority shall be liable for any damage occasioned by the removal unless the same is caused by such person\u2019s wilful neglect or default; (c) the cost of removal shall be defrayed by the person responsible for the encroachment and shall be recoverable as a civil debt; and (d) anything constituting the encroachment shall be forfeited, and the Roads Authority may sell or otherwise dispose of it unless the owner previously redeems it by paying all the costs of the removal, without prejudice to the penal and civil liabilities of any person responsible for an encroachment. (3) Where any encroachment consists of a building, the powers of the Roads Authority under this section shall not be assigned or delegated to any other person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Obstruction of view 18. (1) No person owning or occupying land adjoining any public road shall permit to be on such land within thirty feet of any road junction or intersection or the inside of any bend in such road, measured from the nearest boundary of such road, any hedge, bank, fence or other thing constituting a natural or artificial obstruction of view from the road of a height greater than two feet from the level of the carriageway of such road, unless permitted so to do by any other provision of this Law: Provided that this subsection shall not apply to buildings lawfully erected before the 20th January, 1975. Roads Law (2) Anything unauthorised by subsection (1) which causes an obstruction of the view along any public road is an encroachment for the purpose of section 16.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Enforcement of standards for private roads 19.  (1) This section applies to all private roads constructed after the 1st July, 2004. (2) Where the dimensions and design of a private road do not conform to the standards prescribed by regulations made under section 20(f), the owner of the private road shall, after receiving a notice thereof in writing from the Roads Authority, forthwith at his own cost carry out roadworks on the private road to secure compliance with the regulations; and in the event of non-compliance with such a notice by the owner, the Roads Authority may cause roadworks to be carried out on the private road in such a manner as the Authority may think fit, to secure compliance with the regulations. (3) Where the Roads Authority causes roadworks to be carried out on a private road under subsection (2) \u2014 (a) the Roads Authority may, without giving notice, authorise any persons to enter upon any private road for the purpose of causing the roadworks to be carried out; (b) neither the Roads Authority nor any person authorised by the Authority shall be liable for any damage occasioned by the roadworks unless the same is caused by such person\u2019s wilful neglect or default; and (c) the cost of the roadworks shall be defrayed by the owner of the private road and shall be recoverable as a civil debt, without prejudice to the penal and civil liabilities of the owner of the private road. (4) The powers conferred by subsections (2) and (3) are in addition to, and not in derogation of, the powers conferred upon the Central Planning Authority to enforce planning control under section 21 of the Development and Planning Law (2005 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Regulations 20. The Governor, upon recommendation by the Roads Authority, may make regulations \u2014 (a) prohibiting the use of certain classes of vehicles on specified roads; (b) prescribing conditions upon which certain classes of vehicles may be used on certain roads; (c) exempting specified roads or portions of roads from the provisions of section 18; (d) for the erection of distance markers and sector markers for the measurement of roads; Roads Law (e) prescribing speed limits in public roads and portions of such roads when road works are projected or in progress and the design, location and erection of signs notifying such limits; (f) prescribing standards for the dimensions, design, maintenance and improvement of private roads, with a view to ensuring the safety of persons using those roads; (g) for the establishment or confirmation of footpaths and pedestrian precincts; and (h) generally for the better implementation of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Offences and penalties 21. Whoever \u2014 (a) having caused or permitted to be caused any encroachment under paragraphs (a) to (k) of section 16 fails to remove the same after notice served; (b) causes or permits any encroachment under section 16; (c) causes or permits an unauthorised encroachment under section 18(1); (d) owns a private road, constructed after the 1st July, 2004, that does not conform to standards prescribed by regulations made under paragraph (f) of section 20, and fails to secure compliance with the regulations after notice served; (e) other than in the course of roadworks or removing an obstruction, drags in direct contact with the surface of a public road any sled, log, tree or other article likely to do damage to the said road; (f) hinders or obstructs the Roads Authority or any person authorised by it while carrying out this Law; (g) having knowingly caused or permitted any tree, large stone or other potentially dangerous thing to fall upon a public road, fails promptly to remove it; (h) takes for his own purposes any materials from any road or from any deposit made for the building, maintenance or repair of any road; (i) contravenes any other provision of this Law or the regulations; or (j) moves, defaces or otherwise interferes with any road marker or sign or any traffic sign or signal, is guilty of an offence and liable on summary conviction to a fine of five thousand dollars and to imprisonment for six months. Roads Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Notice under Law to be notice to Registrar 22. Any matter notified in the Gazette under this Law shall constitute notice thereof to the Registrar for all purposes of the Registered Land Law (2004 Revision) and shall, where necessary, be authority for the Registrar to amend the registry map and the register.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Use of prescribed composite maps in defining road boundaries 23. (1) The prescribed composite map setting out, under section 5, roads as actually built shall be regarded as definitive for all purposes relating to the boundaries of roads and the boundaries of any lands abutting on a road. (2) When the boundaries of an existing road and the boundaries of any land near to or abutting on that road as established on the ground (hereinafter referred to as \u201cexisting land boundaries\u201d) do not correspond with the registered boundaries as shown on the prescribed composite map, the Roads Authority may \u2014 (a) define the line of the road as shown on the prescribed composite map and the boundaries of that road in such manner as it thinks fair and equitable; and (b) request the Registrar to make such adjustments in the existing land boundaries as the Registrar thinks necessary to ensure that the boundaries of both the road and any lands near to or abutting on that road correspond with the defined boundaries of the road under paragraph (a). (3) Pursuant to a request under paragraph (b) of subsection (2), the Registrar shall make the necessary adjustments in the existing land boundaries and such adjustments shall be \u2014 (a) notified in the Gazette and in a daily newspaper published and circulating in the Islands; and (b) communicated to the proprietors of lands affected thereby, by registered letters addressed to them at the address shown on the register. (4) The Roads Authority may, pursuant to any adjustments in boundaries made under this section, authorise the removal and relocation to conform with the adjustment of any marker on the road or on any existing land boundary in accordance with the Land Surveyors Law (1996 Revision). (5) Where any adjustment of the boundaries of a road made under this section injuriously affects the interest of any person in a portion of land that person may object to the adjustment within one month of the date of publication of the adjustment in the Gazette under paragraph (a) of subsection (3) and deliver to the Registrar a statement in writing setting out the basis of his objection. (6) The Registrar shall consider any objection made under subsection (5) and notify any decision made to the objector. Roads Law (7) Any person aggrieved by a decision of the Registrar with regard to any portion of land under subsection (6) may make a claim for compensation in like manner as if the decision of the Registrar were a declaration made under section 3 relating to that portion of land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Power to exchange land to adjust boundaries of roads 24. (1) The Roads Authority may, for the purpose of adjusting the boundaries of a road, enter into agreement with the owner of any land the boundaries of which adjoin or lie near to the road, providing for the exchange of any such land for land on which the road is situated with or without payment by either party of money for equality of exchange. (2) Where no payment by either party is required under subsection (1), no stamp duty shall be payable on the agreement. (3) The Roads Authority, if proposing to enter into an agreement under this section, shall publish once at least in each of two successive weeks in a daily newspaper published and circulating in the Islands, a notice giving particulars of the proposed agreement and shall not enter into the proposed agreement before the expiration of the period of two months from the date on which the first such notice is published. (4) The Roads Authority shall take into account any representations made to it by statutory undertakers or any other persons appearing to the Roads Authority to be affected by the proposal. (5) When the Roads Authority exchanges land under this section it shall notify the Registrar and furnish to him particulars of the transaction in such detail as the Registrar may require.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Restriction of laying of mains, etc., on roads 25. (1) Subject to subsection (2), the power conferred on statutory undertakers by or under any law to lay down or erect any apparatus under, in, over, along or across any land shall not be exercisable in relation to any land comprised in the route of a road except with the consent of the Roads Authority: Provided that, save as otherwise prescribed by regulations, the consent of the Roads Authority shall not be required under this section for the laying down or erection by statutory undertakers of any apparatus for the purpose of repairing or maintaining any apparatus for the time being belonging to or used by them for the purpose of their undertaking. (2) The consent of the Roads Authority under subsection (1) may be given subject to conditions, except that nothing in this section shall limit the power of the Roads Authority to require the reinstatement of the road, to require payment in lieu of reinstatement or to enter into an agreement with any undertakers for the payment by those undertakers of any amount towards the cost of works which Roads Law the Roads Authority agrees to perform for reinstating the road, or to require the giving of any bond or other security for the payment of such sums or the reinstatement of the road.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Modification of Development and Planning Law (2005 Revision) re long term projection of road corridors 26. (1) Notwithstanding the Development and Planning Law (2005 Revision), the Governor may, subject to subsection (2), exercise any of the powers of the Central Planning Authority under that law in relation to the making and implementation of a development plan insofar as those powers relate to \u2014 (a) the sites of proposed roads; and (b) the particulars, in relation to roads in Part I of the Second Schedule to that law, hereinafter in this section referred to as a \u201croad corridor\u201d. (2) The Governor shall not exercise his powers under subsection (1) until and unless he receives a recommendation for that purpose from the Central Planning Authority and the Roads Auithority. (3) Where, in furtherance of any provision made for a road corridor in a development plan, it becomes necessary or desirable to designate land as being subject to acquisition for road purposes, the procedure therefor shall be in accordance with section 3 and such other sections as relate to that section. (4) A development plan made under subsection (1) shall have effect as if it were a development plan made under the Development and Planning Law (2005 Revision) subject to modification of that law, in relation thereto, in the following respects \u2014 (a) instead of any procedure under section 14 of that law, the development plan shall be brought into operation by the publication of a notice to that effect published by the Governor in the Gazette; (b) section 12(2) of that law (which relates to acquisitions not likely to take place within five years) shall not apply; (c) section 12(3) of that law (which relates to an obligation of the authority to acquire land in certain circumstances) shall not apply but in lieu thereof, subsection (5) shall have effect; and (d) Part IV of that law (which relates to compensation for refusal or conditional grant of planning permission) shall apply subject to any provision made by, or regulations prescribed under, this Law. (5) If, on the application of any person before a relevant section 3 notice is issued, the Governor, upon recommendation by the Roads Authority, is satisfied that, having regard to the small size of the portion of land held by that person or other physical features of that land, the reservation of the road corridor affecting that Roads Law land will cause that person undue hardship, the Roads Authority shall require that person to submit a claim for compensation to the Roads Authority as if it were a claim for compensation made pursuant to a declaration under section 3 and the provisions of this Law shall apply accordingly. (6) Where, pursuant to a claim made under subsection (5), a person is awarded compensation, in respect of a portion of land affected by the reservation of a road corridor, that person shall not be entitled to make any further claim for compensation under this Law in respect of that portion of land. Roads Law FIRST SCHEDULE FIRST SCHEDULE (section 5(7)) ATTRIBUTES AND CHARACTERISTICS OF CATEGORIES OF ROADS Primary Arterial Roads These are roads \u2014 (a) that are designed to carry large amounts of traffic between major centres of activity; (b) that are generally designed to accommodate levels of mobility of not less than forty miles per hour or, in special circumstances, not less than thirty miles per hour; and (c) access to which is permitted only by way of roundabouts, signals, collector roads or access roads, at access points approved by the Roads Authority. Secondary Arterial Roads These are roads that \u2014 (a) may interconnect with and augment the functioning of primary arterial roads; (b) are designed to accommodate trips of moderate length at a lower level of mobility than is prescribed for primary arterial roads or, in special circumstances, levels of mobility of not less than twenty-five miles per hour and not more than fifty miles per hour; (c) permit more opportunities for access than primary arterial roads; and (d) permit access to abutting lands using acceleration lanes, deceleration lanes, frontage roads, medians, centre turn lanes, etc., to maximize the movement of traffic. Collector Roads These are roads that \u2014 (a) provide access to primary arterial roads and secondary arterial roads; and (b) permit convenient circulation of traffic within residential neighbourhoods and commercial and industrial areas. Access Roads These are roads that \u2014 (a) supplement collector roads providing access to public roads or private roads, and roads in agricultural, commercial or residential areas; FIRST SCHEDULE Roads Law (b) include significantly less access control than primary arterial roads, secondary arterial roads and collector roads, and are generally built out to their maximum lane; (c) generally divided into two lanes and may include medians, speed humps or other prescribed traffic calming devices, and the posted speed limit is restricted to twenty-five miles per hour or less; (d) are designed to accommodate levels of mobility of twenty-five miles per hour or less; and (e) allow for physical traffic calming devices, approved by the Roads Authority, to control speeding and traffic that may prove detrimental to residents of that road. Access roads shall only be used in urbanised areas where significant land use changes or roadway widening is not perceived as likely. Public Footpaths These are public roads or rights of access on which pedestrians may walk but on which vehicles may not be driven or parked except to such limited extent as the Roads Authority may authorise. Roads Law SECOND SCHEDULE SECOND SCHEDULE (sections 7 and 12) ASSESSMENT AND PAYMENT OF COMPENSATION PART I - General Definitions and interpretation 1. (1) In this Schedule \u2014 \u201cchairman\u201d means the chairman of the Committee; \u201cmarket value\u201d means the amount which the land if sold on the open market by a willing seller might be expected to realise; \u201cmight be expected to realise\u201d refers to the expectation of properly qualified persons who are informed of all particulars ascertainable about the property and its capabilities, the demand for it and likely buyers: \u201cperson interested\u201d, as respects any portion of land, includes the claimant and any other person accepted by the Roads Authority as having an interest in the land likely to be affected by the claim; \u201cprofits\u201d includes profits in the nature of rents but does not include profits a prendre or such profits as may have been made by carrying on a business upon the land; and \u201cwilling seller\u2019\u2019 means a person selling as a free agent, as distinct from one who is forced to sell under compulsory powers. (2) For the purposes of this Law a person entitled to two interests in land shall be taken to be entitled to them in the same capacity if, but only if, he is entitled \u2014 (a) to both of them beneficially; (b) to both of them as trustee of one particular trust; or (c) to both of them as personal representative of one particular person. Proceedings of the Committee 2. (1) The assembling of members of the Committee for the purpose of determining eligibility for and the amount of compensation payable in respect of any claim and the proceedings thereat are hereinafter referred to as \u201cproceedings\u201d. (2) Proceedings shall be held in public: Provided that the amount of compensation awarded, if any, shall not be communicated by the Committee to any person other than the Road Authority SECOND SCHEDULE Roads Law or its representative and a person interested or any other person representing, pursuant to this paragraph, the person interested. (3) The chairman presides over the proceedings and may adjourn the proceedings, from time to time, as he thinks fit. (4) Any public officer duly authorised in that behalf by the Governor and any person interested or any person bona fide claiming to be interested in the land to be acquired, or enabled to sell and convey the land, is entitled to give evidence at the proceedings and to make representations to the Committee either directly or through an attorney-at-law or through any other person whom the chairman allows to make representations in that behalf. (5) Evidence taken in the proceedings is on oath. (6) The Committee may order that the costs of any proceedings incurred by any party shall be paid by any other party and may tax or settle the amount of any costs to be paid under any such order or direct in what manner they are to be taxed. (7) Not more than one expert witness on either side shall be heard unless the Committee otherwise directs. (8) Except as otherwise provided in this Law, the procedure at the proceedings shall be such as the Committee, in its discretion, determines. Power to summon witnesses, etc. 3. (1) Pending or during the proceedings, the chairman may summon any person to give evidence at the proceedings. (2) Whoever, summoned to give evidence at the proceedings, fails without reasonable excuse to attend the proceedings as directed by summons, or refuses to give evidence when required by the chairman to do so, is guilty of an offence and liable on summary conviction to a fine of five thousand dollars: Provided that a person required to give evidence at the proceedings shall be entitled to all the protection and privileges to which he would have been entitled if the proceedings had been proceedings before the Grand Court. Inspection of land by Committee 4. (1) The Committee, before determining the amount of compensation payable in respect of any land, may inspect the land and for that purpose may, at any reasonable hour, enter that land and any building thereon. (2) Whoever obstructs any member of the Committee in the exercise of his duties under subparagraph (l) is guilty of an offence and liable on summary conviction to a fine of five thousand dollars. Roads Law SECOND SCHEDULE Preliminary determination of qualification to claim compensation 5. (1) Before proceeding with a claim for compensation, the Committee shall determine whether the claimant qualifies to make a claim for compensation having regard to sections 8 and 9. (2) If the Committee decides that the claimant qualifies as aforesaid it shall proceed to determine the amount of the compensation in accordance with this Law. (3) If the Committee decides that the claimant does not qualify as aforesaid it shall, subject to any appeal to the Grand Court, not proceed further with the case. (4) For the purposes of any appeal to the Grand Court. the decision of the Committee under this paragraph shall be treated as if it were an award. Assessment of compensation 6. (1) In determining the amount of compensation to be awarded in respect of any portion of land under this Law, the Committee shall take into consideration \u2014 (a) the market value of the land at the declared day; (b) the damage sustained by the claimant by reason of the taking of any standing crops or trees which are on the land at the time of the taking possession thereof; (c) any damage sustained by the claimant at the time of the taking possession of the land, by reason of the severing of such land from his other land; (d) any damage sustained by the claimant at the time of the taking of the portion of land, by reason of the dispossession injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; (e) if, in consequence of the dispossession, the claimant is compelled to change his residence or place of business, the reasonable expenses incidental to such change; (f) any damage bona fide resulting from diminution of the profits of the land between the declared day and the time of the taking possession of the land; and (g) any increase in the value of the claimant\u2019s interest \u2014 (i) in any remaining portion of the land in respect of which the claim is made; and (ii) in other land contiguous or adjacent to (whether or not actually touching) any land mentioned in subparagraph (i) to which the claimant was entitled in the same capacity on the declared day; and which is likely to accrue from the use to which the land subject of the claim will be put. SECOND SCHEDULE Roads Law (2) In determining the amount of compensation to be awarded in respect of any portion of land under this Law, the Committee shall not take into consideration \u2014 (a) the fact that the action taken is compulsory; (b) the degree of urgency which has led to the action taken; (c) any disinclination on the part of the claimant to part with the land taken; (d) any damage sustained by the claimant which, if caused by a private person, would not render such person liable to a suit; (e) any damage which is likely to be caused to the portion of land after the declared day by or in consequence of the use to which it will be put; (f) any increase to the value of the portion of land likely to accrue from the use to which it will be put after dispossession; (g) any outlay or improvements on, or disposal of, the portion of land commenced, made or effected without the sanction of the Roads Authority after the declared day; or (h) the special suitability or adaptability of the portion of land for any purpose if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser. (3) In assessing the value of any interest in respect of which the claim is made, it shall be assumed \u2014 (a) that planning permission would be granted in respect of the land in which the interest subsists (\u201cthe relevant land\u201d) for a use which conforms with the planning use outline in the development plan for that location and for which it is reasonable to assume that planning permission would have been granted; (b) where an order has been made under section 15 of the Development and Planning Law (2005 Revision) in respect of the relevant land or any part thereof, requiring the removal of any building or the discontinuance of any use, that planning permission would not be granted in respect of the relevant land or any part thereof for the rebuilding of that building or the resumption of that use; and (c) that planning permission would not be granted in respect of the relevant land or any part thereof for any development other than such development as is mentioned in paragraph (a); and if planning permission has been granted for such other development it shall be assumed that the planning permission has not been granted insofar as it relates to development that has not been carried out. (4) Where, upon a claim being made, the Assessment Committee is satisfied that the portion of contiguous land remaining to the claimant is less than one-half Roads Law SECOND SCHEDULE acre, and considers that the amount due to the claimant in respect of subsubparagraphs (a), (c) and (d) of subparagraph (1) exceeds or is likely to exceed the market value of the whole portion (being the portion taken or to be taken, together with the land remaining to the claimant), the Assessment Committee shall signify this to the Roads Authority, which may then proceed to acquire the whole portion and pay therefor compensation calculated in accordance with this paragraph, with the exception of sub-subparagraphs (c) and (d) of subparagraph (l). Award of Committee 7. (1) The Committee, after determining the total amount of compensation, if any, under paragraph 6, shall embody their conclusions in a written award signed and dated by the chairman and, as far as is practicable, shall show in the award the several amounts awarded as compensation under headings corresponding to the several matters which are required to be taken into consideration by paragraph 6. (2) If the Committee are not unanimous, their decisions shall be governed by the votes of the majority. (3) The chairman shall deliver the award and the record of the proceedings to the Roads Authority, and the Roads Authority shall, within seven days of the date of the award, cause a certified copy of the award to be given to each person interested; and thereupon, subject to section 11, the total amount of the award shall become payable in accordance with this Law to the persons entitled thereto. Appeal to Grand Court 8. (1) The Roads Authority or any person interested in the portion of land or having a right over such land, who is aggrieved by an award of the Committee under this Law may, within twenty-one days of the date of the award or such longer period as the Grand Court may for good cause allow, appeal to the Grand Court on the ground that \u2014 (a) the extent of the interest or right in the portion of land has been wrongly determined; or (b) the Committee has erred in a matter of law. (2) Proceedings under subparagraph (1) may be regulated by rules of court. (3) On the hearing of an appeal brought under this paragraph, the Grand Court may make such order (including an order for costs) as it thinks fit. SECOND SCHEDULE Roads Law PART II-Payment of Compensation Money Definitions in Part II 9. In this Part \u2014 \u201ccompensation money\u201d means the amount of the award of the Committee, or any part thereof; \u201cCourt\u201d means the Grand Court; \u201cland\u201d means any portion of land which has been the subject of an award by the Committee; and \u201cperson entitled\u201d means any person whom the Committee or the Court, as the case may be, determines to be a person who has a good title to compensation money. Interest 10. (1) Any compensation awarded for an interest in land under this Law shall carry interest, at the rate of six per cent per annum, from the date of the award until the compensation is paid or paid into court under this Law. (2) Where assessment is made on the basis of the two-stage assessment referred to in section 11, reference in subparagraph (1) to the award shall be construed as reference to the final award. (3) The Governor may, from time to time by order in the Gazette, change the rate of interest payable under this paragraph and, notwithstanding anything to the contrary, the changed rate shall apply to awards bearing interest at the date on which the order has effect. Payment of compensation money to persons entitled 11. (1) Subject to subparagraph (2), compensation money shall be paid by the Roads Authority to the person entitled according to the estate, interest or right which he possessed in or over the land. (2) Where there are two or more persons entitled who had varying estates or interests in the land, then, if such persons agree among themselves as to the apportionment of the compensation money, the Roads Authority shall pay them the compensation money in accordance with their agreement, and the terms of any such agreement shall be notified to the Roads Authority in writing signed by all the parties thereto. Subject as hereinafter provided, in any case where \u2014 (a) a person entitled refuses to accept compensation money tendered to him by the Roads Authority; Roads Law SECOND SCHEDULE (b) a person entitled cannot after reasonable enquiry be found; (c) a person entitled is a person under a legal disability; (d) there are two or more persons entitled who had varying estates or interests in the land and who are unable to agree among themselves as to the apportionment of the compensation money; or (e) there is no person entitled to the compensation money or no person entitled to compensation money in respect of some particular estate or interest in the land, the Roads Authority shall pay the compensation money into the Court: Provided that in the case of a person under a legal disability the Roads Authority may pay compensation money to any person who is empowered by law to receive and give a valid discharge for such money on behalf of the person under the legal disability. Disposal of money paid into Court 12. Any money paid into the Court under this Law may, on the application of any person claiming to be entitled thereto, or of any person lawfully representing any such person, be dealt with and disposed of as the Court may think fit; and the Court, in directing payment out of Court of any such money, may impose such terms and conditions as to the investment of the money or the creation of a trust in respect thereof or otherwise as the Court may think proper having regard to the circumstances. Procedure on non-payment of compensation 13. (1) Where a person is, by virtue of an award of the Committee or an order of the Court made under paragraph 8, entitled to compensation money, that person may apply to the Court for an order that the compensation money be paid forthwith. (2) On an application made under subparagraph (1), the Court may grant or refuse the order and make such order as to costs as it thinks just. (3) Where the Court makes an order that compensation money shall be paid forthwith, the sum due shall thereupon become a charge on the assets of the Roads Authority and shall be paid by the Roads Authority to the person named in the order of the Court within seven days of the date of the order. SECOND SCHEDULE Roads Law PART III- Supplemental Provisions Service of notices 14. (1) Any notice, order or other document which is required to be served under this Schedule on any person may be served \u2014 (a) by delivering it to the person on whom it is to be served; (b) by leaving it at the usual or last known place of abode of that person; (c) by sending it by prepaid post addressed to that person at his usual or last known postal address; (d) in the case of a body corporate, by delivering it or sending it by prepaid post to the secretary or clerk of that body at its registered office or other place of business; or (e) if it is not practicable to effect service by any of such methods as aforesaid, by addressing it to him by the description of \u201cowner\u201d or, as the case may be, \u201coccupier\u201d of the land to which it relates and by delivering it to some person occupying any premises on the land; or, if there is no such person to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises. (2) Service effected by delivery under subparagraphs (a) or (d) of subparagraph (1) shall have effect from the time of delivery. (3) Service effected otherwise than by delivery shall be deemed to have been effected three days after the steps taken under subparagraph (1) have been taken unless and to the extent that the contrary is proved. Proof of service 15. In any proceedings a certificate purporting to be under the hand of a public officer and specifying the steps taken under paragraph 14(1) to effect service of any notice, order or other document on any person on any date shall be prima facie evidence of the facts stated therein. Roads Law SECOND SCHEDULE Publication in consolidated and revised form authorised by the Governor in Cabinet this 12th day of July, 2005. Carmena Watler Clerk of Cabinet Note:  By virtue of section 25 of Law 11 of 2004, the following savings and transitional provisions apply \u2014 1. Every matter commenced under the former Law and partly dealt with by the Governor, the Highway Authority or the Committee as at the 1st July, 2004 is to be continued and dealt with in all respects as if the new Law had not come into force. 2. Every matter commenced under the former Law and not wholly or partly dealt with by the Governor, the Highway Authority or the Committee as at the 1st July, 2004 is to be taken to be a matter commenced under the new Law and the provisions of the new Law are to apply accordingly. 3. In the case of an appeal against any decision of the Committee that has been commenced but not finally determined before the new 1st July, 2004, the Grand Court is to continue to deal with the appeal as if the new Law had not come into force; and when the appeal is finally determined, the former Law is to apply subject to any necessary modifications as if the appeal had been finally determined before the 1st July, 2004. 4. On and after the 1st July, 2004, neither the Governor nor the Highway Authority shall be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions under the former Law, unless it is shown that the act or omission was in bad faith. 5. In this section \u2014 \u201cCommittee\u201d means the Assessment Committee referred to in section 7 of the former Law; \u201cformer Law\u201d means the Law as set out in the 2000 Revision; \u201cGovernor\u201d means the Governor in Cabinet; \u201cHighway Authority\u201d has the meaning assigned to it in section 5 of the principal Law; and \u201cnew Law\u201d means the Law as set out in this Revision.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2005_09_05\", \"date\": \"2005-09-05\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": 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\"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1974\/18\/eng@2005-09-05\", \"FRBRdate\": [{\"date\": \"2005-09-05\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1974\/18\/eng@2005-09-05\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1974\/18\/eng@2005-09-05.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1974\/18\/eng@2005-09-05.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Roads Act\", \"actNumber\": \"18 of 1974\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nROADS LAW\n\n(2005 Revision)\nSupplement No. 4 published with Gazette No. 18 of 5th September, 2005.\n\nPage 2\nRevised as at 12th day of July, 2005\nc\n\nPUBLISHING DETAILS\nLaw 18 of 1974 consolidated with Laws 24 of 1983, 6 of 1988, 1 of 1997 and 11 of 2004.\n\nRevised under the authority of the Law Revision Law (1999 Revision).\n\nOriginally enacted \u2014\nLaw 18 of 1974-15th October, 1974\nLaw 24 of l983-13th September, 1983\nLaw 6 of 1988-20th April, 1988\nLaw 1 of 1997-14th May, 1997\nLaw 11 of 2004-11th June, 2004.\n\nConsolidated and revised this 12th day of July, 2005.\n\nNote (not forming part of the Law): This revision replaces the 2000 Revision which,\nsubject to the note at p. 31, may now be discarded.\n\nRoads Law\nArrangement of Sections\n\nc\nRevised as at 12th day of July, 2005\nPage 3\n\nCAYMAN ISLANDS\n\nROADS LAW\n(2005 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nNotification of proposal to take land ...........................................................................................7\n4.\nPower to enter lands and survey for roads .................................................................................8\n5.\nGovernor to have power to classify and schedule roads and assign functions ...........................8\n6.\nPower to take land .....................................................................................................................9\n7.\nAssessment Committee .............................................................................................................9\n8.\nRights to compensation ........................................................................................................... 10\n9.\nNotice of intent and claims for compensation ........................................................................... 10\n10.\nNegotiations consequent on claim ........................................................................................... 11\n11.\nClaimant may opt for method of computation of compensation ................................................ 11\n12.\nProvisions supplementary to powers and duties of Assessment Committee............................. 12\n13.\nPowers of Roads Authority ...................................................................................................... 12\n14.\nDiscontinuance of roads .......................................................................................................... 13\n15.\nPowers of entry and occupation of private lands ...................................................................... 13\n16.\nEncroachments ........................................................................................................................ 14\n17.\nRemoval of encroachments ..................................................................................................... 15\n18.\nObstruction of view .................................................................................................................. 15\n19.\nEnforcement of standards for private roads ............................................................................. 16\n20.\nRegulations ............................................................................................................................. 16\n21.\nOffences and penalties ............................................................................................................ 17\n22.\nNotice under Law to be notice to Registrar .............................................................................. 18\n23.\nUse of prescribed composite maps in defining road boundaries ............................................... 18\n24.\nPower to exchange land to adjust boundaries of roads ............................................................ 19\n25.\nRestriction of laying of mains, etc., on roads ............................................................................ 19\n\nArrangement of Sections\nRoads Law\n\nPage 4\nRevised as at 12th day of July, 2005\nc\n\n26.\nModification of Development and Planning Law (2005 Revision) re long term projection of\nroad corridors .......................................................................................................................... 20\nFIRST SCHEDULE\n23\nATTRIBUTES AND CHARACTERISTICS OF CATEGORIES OF ROADS\n23\nSECOND SCHEDULE\n25\nPART I - General\n25\nDefinitions and interpretation ............................................................................................................. 25\nProceedings of the Committee .......................................................................................................... 25\nPower to summon witnesses, etc. ..................................................................................................... 26\nInspection of land by Committee ....................................................................................................... 26\nPreliminary determination of qualification to claim compensation ...................................................... 27\nAssessment of compensation ............................................................................................................ 27\nAward of Committee .......................................................................................................................... 29\nAppeal to Grand Court ...................................................................................................................... 29\nPART II-Payment of Compensation Money\n30\nDefinitions in Part II ........................................................................................................................... 30\nInterest .............................................................................................................................................. 30\nPayment of compensation money to persons entitled ........................................................................ 30\nDisposal of money paid into Court ..................................................................................................... 31\nProcedure on non-payment of compensation .................................................................................... 31\nPART III- Supplemental Provisions\n32\nService of notices .............................................................................................................................. 32\nProof of service ................................................................................................................................. 32\n\nRoads Law\nSection 1\n\nc\nRevised as at 12th day of July, 2005\nPage 5\n\nCAYMAN ISLANDS\n\nROADS LAW\n(2005 Revision)\n\n1.\nShort title\n1.\nThis Law may be cited as the Roads Law (2005 Revision).\n2.\nDefinitions\n2.\nIn this Law \u2014\n\u201cbuilding\u201d means building as defined in section 2 of the Development and\nPlanning Law (2005 Revision);\n\u201ccarriageway\u201d means a way constituting or comprised in a public road, being\na way (other than a cycle track) over which the public have a right of way for\nthe passage of vehicles;\n\u201cCommissioner\u201d means the Commissioner of Police or any person deputed to\nact on his behalf;\n\u201cCommittee\u201d means the Assessment Committee referred to in section 7;\n\u201ccomposite map\u201d means a map (whether or not divided into section maps)\nprepared by the Lands and Survey Department showing superimposed one upon\nthe other and drawn to the same scale \u2014\n(a)\nthe topographic map prepared under the direction of the Chief Surveyor\nunder the Land Surveyors Law (1996 Revision); and\n(b) the registry map as defined in sections 2 and 14 of the Registered Land\nLaw (2004 Revision);\n\nSection 2\nRoads Law\n\nPage 6\nRevised as at 12th day of July, 2005\nc\n\n\u201ccycle track\u201d means a way constituting or comprising a public road, being a\nway over which the public have the following but no other rights of way, that is\nto say, a right of way on pedal cycles with or without a right of way on foot;\n\u201cdeclared day\u201d means, in relation to any land, the day on which a declaration\nunder section 3, as respects that land, is first published in the Gazette;\n\u201cfootpath\u201d means a public road over which the public have a right of way on\nfoot only, not being a footway;\n\u201cfootway\u201d means a way comprised in a public road which also comprises a\ncarriageway, being a way over which the public have right of way on foot only;\n\u201cfunctions\u201d includes powers and duties;\n\u201cGovernor\u201d means the Governor in Cabinet;\n\u201cland\u201d means land as defined in section 2 of the Registered Land Law (2004\nRevision);\n\u201cmosquito control trail\u201d means any portion of land developed (whether in\nrelation to a dyke or otherwise) by, or at the direction of, the Mosquito Research\nand Control Unit to provide access to the land for the purpose of carrying out\nmosquito research and control function;\n\u201cprivate road\u201d means a road to which the public does not have access as of\nright;\n\u201cpublic road\u201d means a road which \u2014\n(a)\nis maintained at public expense; or\n(b) is dedicated in that capacity to the use of the public as of right,\nand which, in either event, is declared by the Highway Authority to be a public\nroad pursuant to this Law;\n\u201cregister\u201d means the register under the Registered Land Law (2004 Revision);\n\u201cregistered\u201d means registered under the Registered Land Law (2004 Revision);\n\u201cRegistrar\u201d means the Registrar under the Registered Land Law (2004\nRevision);\n\u201croad\u201d includes the carriageway, waterways, bridges, culverts and fordings on\nthe edge of the road, and the land on each side of the carriageway and waterways\nup to the boundary of the road; but does not include a mosquito control trail\nother than to the extent to which any such trail is declared to be a public road\nunder this Law;\n\u201cRoads Authority\u201d or \u201cAuthority\u201d means the National Roads Authority\nestablished under section 3 of the National Roads Authority Law (2005\nRevision).\n\u201cstatutory undertakers\u201d means persons authorised by any law to carry on any\nroad transport, water transport, dock, harbour or pier undertaking, or any\nundertaking for the supply of electricity, water, telephone, telegraphic, sewerage\n\nRoads Law\nSection 3\n\nc\nRevised as at 12th day of July, 2005\nPage 7\n\nor quarrying services and \u201cstatutory undertaking\u201d shall be construed\naccordingly;\n\u201ctraffic sign\u201d is a sign erected by the Commissioner in or in the vicinity of a\nroad for the purpose of controlling and regulating traffic and the parking of\nvehicles; and\n\u201ctraffic signal\u201d means a device by which illuminated signals in red, green or\namber, or combinations of any such colours are intermittently displayed at the\ncentre of side of a road at an intersection or junction or other place where the\nCommissioner desires to control traffic, in conjunction with a metallic or white\nline drawn at right angles to the centre line of the road in the path of vehicles\napproaching the said device.\n3.\nNotification of proposal to take land\n3.\n(1) Whenever it appears to the Governor, upon recommendation by the Roads\nAuthority, that any particular portion of land is needed for the layout of a new\npublic road or the widening or diverting of an existing public road, a declaration\nto that effect shall be \u2014\n(a)\ngazetted;\n(b) sent by registered post to the registered proprietor of the land at his address\non the register; and\n(c)\npublished twice per week for three consecutive weeks in a daily newspaper\npublished and circulating in the Islands.\n(2) The declaration shall state \u2014\n(a)\nthe intention of the Roads Authority to construct a road or portion of road\nover the portion of land;\n(b) the locality in which the portion of land is situated, specifying particulars\nof block and parcel numbers on the Register and, so far as feasible, any\nname or other information which may be helpful in identifying the land;\n(c)\nthe line and anticipated boundaries of the road or proposed road;\n(d) the approximate area of the portion of land; and\n(e)\nthe place where a plan can be inspected.\n(3) The Governor shall cause a detached plan of the proposed new road, or of the\npart of the road intended to be widened or diverted, and the lands through which\nit is to pass, to be transmitted to the Registrar and the Roads Authority to be\nexhibited to any person who may require to examine it.\n(4) The plan produced for the purposes of this section shall be such as to allow\ncorrelation of particulars thereon with particulars on the composite map.\n\nSection 4\nRoads Law\n\nPage 8\nRevised as at 12th day of July, 2005\nc\n\n4.\nPower to enter lands and survey for roads\n4.\n(1) Where the Governor, upon recommendation by the Roads Authority deems it\ndesirable to lay out any new public road or to divert or widen any part of an\nexisting road for use by the public he may authorise in writing any person, either\nalone or accompanied by such assistants and workmen as may be required, to\nenter at any reasonable times upon lands for the purpose of making such surveys\nas may be necessary to enable such person to make plans and sections of the\nproposed works and an estimate of the cost thereof.\n(2) No person shall, under subsection (1), enter upon any occupied lands without\nthe consent of the occupier unless three days\u2019 notice in writing has been given\nto such occupier or, where such occupier cannot be found, notice of such entry\nhas been posted conspicuously on the said land.\n5.\nGovernor to have power to classify and schedule roads and assign functions\n5.\n(1) The Governor, shall, under this Law be empowered to \u2014\n(a)\ncause any roads to be classified and scheduled as public roads;\n(b) cause the schedules of such public roads to be published in the Gazette\nfrom time to time; and\n(c)\nensure the implementation of this Law and the regulations.\n(2) Whenever it becomes necessary or desirable for the purposes of this Law to\ndefine any public road or proposed public road by reference to the composite\nmap, that function shall be performed by the Governor; and the composite maps\non which roads or proposed roads are so defined are hereinafter referred to as\n\u201cprescribed composite maps\u201d, and, where it is desirable to distinguish between\nroads as proposed and roads as actually built, the prescribed composite maps\nmay be divided into categories for that purpose.\n(3) Subject to section 17(3), the Governor may \u2014\n(a)\nassign or delegate any of his functions under this Law (other than the\npower to make regulations) to any public officer or officers or to any\nstatutory corporation; and\n(b) provide, by regulations, for liaison and collaboration between any such\nassignees or delegates and such other persons as may be prescribed.\n(4) The assignment or delegation of any function of the Governor under this Law\nshall not prevent the exercise of that function by the Governor himself.\n(5) Public roads and any proposed public roads shall be classified into \u2014\n(a)\nprimary arterial roads;\n(b) secondary arterial roads;\n(c)\ncollector roads;\n(d) access roads; and\n\nRoads Law\nSection 6\n\nc\nRevised as at 12th day of July, 2005\nPage 9\n\n(e)\npublic footpaths.\n(6) The Governor, upon recommendation by the Roads Authority may, by\nregulations, provide for \u2014\n(a)\nprescribing the attributes and characteristics of each category of roads and,\nwithout prejudice to the generality of the foregoing, establishing standards\nfor the dimensions, design, maintenance and improvement, and such other\nfeatures as he thinks fit in relation to such roads:\n(b) controlling the type, weight and other particulars of vehicles which may\nbe used on any such category of road so as to ensure the proper purpose of\nthat category of road; and\n(c)\nrepeal, amendment or replacement of the First Schedule.\n(7) Until other provision is made under subsection (6), the provisions set out in the\nFirst Schedule shall be the attributes and characteristics of the various categories\nof roads referred to therein.\n6.\nPower to take land\n6.\nIn any case where a declaration has been published under section 3(1), and where the\nGovernor, upon recommendation by the Roads Authority, is satisfied that it is in the\npublic interest to lay out, widen or divert a road over the portion of land to which the\ndeclaration relates, then, notwithstanding anything contained in any other law, and\nsubject to the provisions of this Law which relate to the payment of compensation,\nthe Governor may, on the expiration of fifteen days from the publication of the\ndeclaration, authorise the Roads Authority to enter upon the said portion of land and\ncause the said road or portion of road to be commenced or proceeded with without\nfurther notification.\n7.\nAssessment Committee\n7.\n(1) There is established, for the purpose of assessing compensation under this Law,\nan Assessment Committee.\n(2) The Committee shall consist of \u2014\n(a)\na magistrate, designated by the Governor, who shall be chairman of the\nCommittee;\n(b) a Justice of the Peace chosen by the magistrate; and\n(c)\none other member chosen by the magistrate from the panel of persons\nreferred to in subsection (3).\n(3) The Governor shall, from time to time, appoint a panel of six persons appearing\nto him to be knowledgeable in matters relating to land values or highways from\namong whom a member of the Committee shall be chosen under paragraph (c)\nof subsection (2).\n\nSection 8\nRoads Law\n\nPage 10\nRevised as at 12th day of July, 2005\nc\n\n(4) Regulations may prescribe the practice and procedure before the Committee\nand, without prejudice to the generality of the foregoing, may permit two or\nmore such Committees to be constituted at the same time.\n(5) The Second Schedule shall have effect with regard to the powers and duties of\nthe Committee and otherwise as provided therein.\n8.\nRights to compensation\n8.\n(1) Any person having an interest in any portion of land to which a declaration under\nsection 3 relates or which has been taken by the Governor under this Law and\nwho has suffered a net loss by reason thereof, may make a claim within the time\nlimited by, and otherwise in accordance with, this Law, and compensation for\nthat loss shall, subject to this Law, be payable by the Roads Authority to the\nperson making the claim (hereinafter referred to as \u201cthe claimant\u201d).\n(2) For the purposes of this Law, a claimant does not qualify for compensation as\nhaving suffered a net loss unless, at the time of dispossession of such portion of\nland under this Law, any damage attributable to \u2014\n(a)\nloss of any standing crop or trees on the portion of land;\n(b) the severance of such portion of land from the claimant\u2019s other land;\n(c)\nthe injurious effect on the claimant\u2019s other land of the dispossession of\nsuch portion of land; and\n(d) the loss of such portion of land, assessed at its market value,\nexceeds the value of the advantage to the claimant gained by the presence of the\nnew or improved road adjacent to his land.\n(3) Subject to subsection (4), a claimant does not qualify for compensation if his\ninterest in the portion of land to which his claim relates was acquired after the\ndeclared day.\n(4) Subsection (3) does not apply to any interest acquired by inheritance, whether\nas a direct bequest or an appropriation towards satisfaction of a legacy or other\nshare in the estate of a deceased person.\n9.\nNotice of intent and claims for compensation\n9.\n(1) A claim for compensation shall be entertained only if the claimant gives to the\nRoads Authority, not later than ninety days after the declared day, in such form\nand manner as may be prescribed, notice of intent to make the claim:\nProvided that where the notice is given later than the time allowed, the Roads\nAuthority, if satisfied that the delay was occasioned by illness, absence from the\nIslands or other good cause, may, in its absolute discretion, accept the notice at\nany time thereafter.\n(2) A claim for compensation may, in such form and manner as may be prescribed,\nbe served on the Roads Authority at any time after the giving of the notice of\n\nRoads Law\nSection 10\n\nc\nRevised as at 12th day of July, 2005\nPage 11\n\nintent but not later than one year after the proposed road is scheduled as a public\nroad under section 5(1) and shall contain the following particulars \u2014\n(a)\nthe land in respect of which the claim is made;\n(b) the claimant\u2019s interest, the date on which and the manner in which it was\nacquired;\n(c)\nthe claimant\u2019s occupation of the land;\n(d) the declaration in the Gazette under section 3 in relation to the land, any\nentry on the land and works undertaken thereon under section 6 or any\nother action taken under this Law in relation to that land;\n(e)\nthe amount of compensation claimed;\n(f)\nany land contiguous or adjacent to the land in respect of which the claim\nis made, being land to which the claimant was entitled in the same capacity\non the relevant date; and\n(g) such other particulars as may be prescribed.\n(3) The Roads Authority may, in its absolute discretion, accept a claim made after\nthe expiration of the claim period specified in subsection (2) if it is satisfied that\nthe delay in submitting the claim is due to illness, absence from the Islands or\nsome other good cause:\nProvided that such claim shall not be accepted if made after such time as may\nbe prescribed.\n10.\nNegotiations consequent on claim\n10. (1) A claim made under section 9 may be settled by agreement between the Roads\nAuthority and the claimant but, in default of such agreement shall, as soon as\npracticable, be submitted by the Roads Authority to the Assessment Committee.\n(2) An agreed settlement of a claim may be wholly in money, wholly in kind or\npartly in money and kind.\n11.\nClaimant may opt for method of computation of compensation\n11. (1) The claimant may, within the prescribed time and in the prescribed manner,\nelect to have his claim assessed under this Law in one of two methods of\nassessment, hereinafter referred to respectively as \u2014\n(a)\none-stage assessment; and\n(b) two-stage assessment.\n(2) If a claimant fails to make an election in the prescribed time and manner, he\nshall be deemed to have opted for the two-stage assessment.\n(3) An election, once made, shall be irrevocable.\n(4) The one-stage assessment shall have the following features \u2014\n\nSection 12\nRoads Law\n\nPage 12\nRevised as at 12th day of July, 2005\nc\n\n(a)\nthe assessment shall be made on the assumption that any proposed road\ndevelopment on the land will be built as proposed; and\n(b) payment of any compensation awarded will be in full and final settlement\nof the claim.\n(5) The two-stage assessment shall have the following features \u2014\n(a)\non a preliminary basis, the assessment shall be based on the assumption\nthat any proposed road development on the land will be built as proposed;\n(b) thereupon payment of such proportion of the award; as may be approved\nby the Assessment Committee, not exceeding seventy-five per cent of the\namount assessed, shall be paid as an interim award;\n(c)\nwhen the proposed road development is implemented, the Assessment\nCommittee (whether or not constituted in the same manner as the previous\nCommittee) shall, within the prescribed time, being not later than one year\nafter the scheduling of the road under section 5, review the interim award\n(conducting, if the Assessment Committee thinks necessary, a further\nhearing, and taking into account the actual location and other aspects of\nthe road development) and make a final award; and\n(d) the Roads Authority shall implement the final award as necessary, and \u2014\n(i)\nsupplement the amount paid to the claimant pursuant to the interim\naward; or\n(ii) recover from the claimant any excess amount so paid.\n12.\nProvisions supplementary to powers and duties of Assessment Committee\n12. (1) An assessment committee, in exercising its powers to make an award under this\nLaw, shall be guided by the provisions in the Second Schedule.\n(2) The Second Schedule shall have effect for all purposes connected with the\nassessment and payment of awards and for such other purposes as are specified\ntherein.\n13.\nPowers of Roads Authority\n13. The Roads Authority may cause \u2014\n(a)\ntraffic to be diverted from any road for the purpose of altering or improving\nthe same;\n(b) temporary roads to be made over land adjoining public roads to be made\nand used as public roads while alterations or repairs are being made to such\npublic roads;\n(c)\ndrains to be cut on any land adjoining a public road for the purpose of\nintercepting water which would otherwise flow onto such road or for\ncarrying off water from such road;\n\nRoads Law\nSection 14\n\nc\nRevised as at 12th day of July, 2005\nPage 13\n\n(d) deposits to be made of any spoil, surplus material or refuse from any road,\nlandslip or excavation; and\n(e)\nquarries to be opened and worked and excavations to be made and stones\nand materials gathered for the construction or repair of any road.\n14.\nDiscontinuance of roads\n14. (1) Wherever it appears to the Governor, upon recommendation by the Roads\nAuthority, that it is expedient to close a public road or portion of such road he\nshall publish a declaration to that effect in the Gazette, and such declaration\nshall specify \u2014\n(a)\nthe road or portion of road proposed to be discontinued;\n(b) the date from after which such road or portion of road shall cease to be a\nroad; and\n(c)\nthe place where a plan of such road or portion of road may be inspected.\n(2) The Governor shall cause a plan of such road or portion of road proposed to be\ndiscontinued to be transmitted to the Registrar and the Roads Authority and to\nbe exhibited to any person who may require to examine it.\n(3) From the date specified in a declaration made under subsection (1), such road\nor portion of road specified in such declaration shall cease to be a road and all\npublic rights of way over the same shall cease after the said date, and thereafter\nthe land over which the said road or portion of road passed shall vest in the\nCrown or be added to such land parcels as the Governor, subject to\nsubsection (4), may, by notice in the Gazette, decree.\n(4) The Governor, in exercising any power under subsection (3), shall \u2014\n(a)\nhave regard to the interests of all persons whose lands, immediately prior\nto the discontinuance of a road or portion of a road, were adjacent thereto\nand, so far as he thinks fair and just, order that the land over which the said\nroad or portion of road passed be added to such adjacent lands on such\nterms, in such a manner and to such a degree as he thinks appropriate; and\n(b) make such provision in the terms aforesaid as he thinks proper having\nregard to any price or compensation paid on acquiring any portion of that\nland for road purposes.\n15.\nPowers of entry and occupation of private lands\n15. (1) For any one or more purposes specified in section 13, the Roads Authority or\nany person authorised by the Authority in writing, may, at any time, without\nprevious notice, payment, tender or deposit, enter upon any land not being any\nhouse, yard or garden, or provision ground attached to a house and not being a\npark, avenue or ground ornamentally planted and without acquiring such land,\noccupy and use the said land so long as may be necessary for any of the said\npurposes, or any work connected therewith.\n\nSection 16\nRoads Law\n\nPage 14\nRevised as at 12th day of July, 2005\nc\n\n(2) In exercising the powers conferred by subsection (1), the Roads Authority or\nany person authorised by the Authority in writing may \u2014\n(a)\nmake such openings as may be necessary in any fence;\n(b) erect fences to separate any portions of the land so entered upon from the\nremainder;\n(c)\ndeposit and prepare upon such land materials of any kind used in the work;\nand\n(d) erect thereupon temporary workshops, stores, sheds and other buildings.\n(3) The owner or occupier of or any person interested in any land occupied or used\nunder this section may, at any time not later than three months after the\ncommencement of such occupation, deliver to the Roads Authority an\napplication in writing for assessment of compensation in accordance with\nthis Law.\n16.\nEncroachments\n16. The following are, for the purpose of this Law, encroachments on a road \u2014\n(a)\nany fence erected upon or extending on or over any public road;\n(b) any tree or shrub projecting upon, overhanging, fallen upon, placed or\nplanted upon any such road;\n(c)\nany obstruction caused by debris or refuse resulting from works carried\nout by occupiers of land adjoining such road;\n(d) any pit, cutting or excavation in, upon or under any public road otherwise\nthan pursuant to approval given, and in accordance with any conditions\nstipulated by the Roads Authority;\n(e)\nany pit, cutting or excavation, in, upon or under any land adjoining such\nroad which is not sufficiently fenced or otherwise made safe;\n(f)\nany stone, earth, timber or other substance thrown into or placed in any\nwatercourse, which impedes or may impede the drainage of water from\nsuch road;\n(g) any artificial canal, conduit, pipe or raised structure from which any water\nor other liquid escapes on to any road which would not but for the existence\nof such canal, conduit, pipe or raised structure have done so, whether or\nnot such canal, conduit, pipe or raised structure adjoins the said road;\n(h) any earth, stone or other substance dropped, left or deposited upon such\nroad otherwise than deposits authorised to be deposited in the course of\nroad construction or improvement;\n(i)\nany pipe, drain or discharge of water or other liquid on the road from any\npremises adjoining such road;\n\nRoads Law\nSection 17\n\nc\nRevised as at 12th day of July, 2005\nPage 15\n\n(j)\nany discarded or abandoned vehicle or portion thereof dumped or parked\nwithin sight from any public road; and\n(k) any obstruction of a view contrary to section 18(1).\n17.\nRemoval of encroachments\n17. (1) Wherever there exists any encroachment on a public road, the owner or occupier\nof the land or thing from which such encroachment proceeds, or the owner of\nthe thing constituting the encroachment shall, after receiving a notice thereof in\nwriting from the Roads Authority, forthwith remove or abate the same at his\nown cost and in the event of non-compliance with such a notice by the owner or\noccupier, as the case may be, the Roads Authority may cause the encroachment\nto be removed in such a manner as the Authority may think fit.\n(2) Where the Roads Authority directs the removal of an encroachment under\nsubsection (1) \u2014\n(a)\nthe Roads Authority may, without giving notice, authorise any persons to\nenter upon any land for the purpose of removing the encroachment;\n(b) neither the Roads Authority nor any person authorised by the Authority\nshall be liable for any damage occasioned by the removal unless the same\nis caused by such person\u2019s wilful neglect or default;\n(c)\nthe cost of removal shall be defrayed by the person responsible for the\nencroachment and shall be recoverable as a civil debt; and\n(d) anything constituting the encroachment shall be forfeited, and the Roads\nAuthority may sell or otherwise dispose of it unless the owner previously\nredeems it by paying all the costs of the removal,\nwithout prejudice to the penal and civil liabilities of any person responsible for\nan encroachment.\n(3) Where any encroachment consists of a building, the powers of the Roads\nAuthority under this section shall not be assigned or delegated to any other\nperson.\n18.\nObstruction of view\n18. (1) No person owning or occupying land adjoining any public road shall permit to\nbe on such land within thirty feet of any road junction or intersection or the\ninside of any bend in such road, measured from the nearest boundary of such\nroad, any hedge, bank, fence or other thing constituting a natural or artificial\nobstruction of view from the road of a height greater than two feet from the level\nof the carriageway of such road, unless permitted so to do by any other provision\nof this Law:\nProvided that this subsection shall not apply to buildings lawfully erected before\nthe 20th January, 1975.\n\nSection 19\nRoads Law\n\nPage 16\nRevised as at 12th day of July, 2005\nc\n\n(2) Anything unauthorised by subsection (1) which causes an obstruction of the\nview along any public road is an encroachment for the purpose of section 16.\n19.\nEnforcement of standards for private roads\n19.  (1) This section applies to all private roads constructed after the 1st July, 2004.\n(2) Where the dimensions and design of a private road do not conform to the\nstandards prescribed by regulations made under section 20(f), the owner of the\nprivate road shall, after receiving a notice thereof in writing from the Roads\nAuthority, forthwith at his own cost carry out roadworks on the private road to\nsecure compliance with the regulations; and in the event of non-compliance with\nsuch a notice by the owner, the Roads Authority may cause roadworks to be\ncarried out on the private road in such a manner as the Authority may think fit,\nto secure compliance with the regulations.\n(3) Where the Roads Authority causes roadworks to be carried out on a private road\nunder subsection (2) \u2014\n(a)\nthe Roads Authority may, without giving notice, authorise any persons to\nenter upon any private road for the purpose of causing the roadworks to be\ncarried out;\n(b) neither the Roads Authority nor any person authorised by the Authority\nshall be liable for any damage occasioned by the roadworks unless the\nsame is caused by such person\u2019s wilful neglect or default; and\n(c)\nthe cost of the roadworks shall be defrayed by the owner of the private\nroad and shall be recoverable as a civil debt,\nwithout prejudice to the penal and civil liabilities of the owner of the\nprivate road.\n(4) The powers conferred by subsections (2) and (3) are in addition to, and not in\nderogation of, the powers conferred upon the Central Planning Authority to\nenforce planning control under section 21 of the Development and Planning\nLaw (2005 Revision).\n20.\nRegulations\n20. The Governor, upon recommendation by the Roads Authority, may make\nregulations \u2014\n(a)\nprohibiting the use of certain classes of vehicles on specified roads;\n(b) prescribing conditions upon which certain classes of vehicles may be used\non certain roads;\n(c)\nexempting specified roads or portions of roads from the provisions of\nsection 18;\n(d) for the erection of distance markers and sector markers for the\nmeasurement of roads;\n\nRoads Law\nSection 21\n\nc\nRevised as at 12th day of July, 2005\nPage 17\n\n(e)\nprescribing speed limits in public roads and portions of such roads when\nroad works are projected or in progress and the design, location and\nerection of signs notifying such limits;\n(f)\nprescribing standards for the dimensions, design, maintenance and\nimprovement of private roads, with a view to ensuring the safety of persons\nusing those roads;\n(g) for the establishment or confirmation of footpaths and pedestrian\nprecincts; and\n(h) generally for the better implementation of this Law.\n21.\nOffences and penalties\n21. Whoever \u2014\n(a)\nhaving caused or permitted to be caused any encroachment under\nparagraphs (a) to (k) of section 16 fails to remove the same after notice\nserved;\n(b) causes or permits any encroachment under section 16;\n(c)\ncauses or permits an unauthorised encroachment under section 18(1);\n(d) owns a private road, constructed after the 1st July, 2004, that does not\nconform to standards prescribed by regulations made under paragraph (f)\nof section 20, and fails to secure compliance with the regulations after\nnotice served;\n(e)\nother than in the course of roadworks or removing an obstruction, drags in\ndirect contact with the surface of a public road any sled, log, tree or other\narticle likely to do damage to the said road;\n(f)\nhinders or obstructs the Roads Authority or any person authorised by it\nwhile carrying out this Law;\n(g) having knowingly caused or permitted any tree, large stone or other\npotentially dangerous thing to fall upon a public road, fails promptly to\nremove it;\n(h) takes for his own purposes any materials from any road or from any deposit\nmade for the building, maintenance or repair of any road;\n(i)\ncontravenes any other provision of this Law or the regulations; or\n(j)\nmoves, defaces or otherwise interferes with any road marker or sign or any\ntraffic sign or signal,\nis guilty of an offence and liable on summary conviction to a fine of five thousand\ndollars and to imprisonment for six months.\n\nSection 22\nRoads Law\n\nPage 18\nRevised as at 12th day of July, 2005\nc\n\n22.\nNotice under Law to be notice to Registrar\n22. Any matter notified in the Gazette under this Law shall constitute notice thereof to\nthe Registrar for all purposes of the Registered Land Law (2004 Revision) and shall,\nwhere necessary, be authority for the Registrar to amend the registry map and the\nregister.\n23.\nUse of prescribed composite maps in defining road boundaries\n23. (1) The prescribed composite map setting out, under section 5, roads as actually\nbuilt shall be regarded as definitive for all purposes relating to the boundaries\nof roads and the boundaries of any lands abutting on a road.\n(2) When the boundaries of an existing road and the boundaries of any land near to\nor abutting on that road as established on the ground (hereinafter referred to as\n\u201cexisting land boundaries\u201d) do not correspond with the registered boundaries as\nshown on the prescribed composite map, the Roads Authority may \u2014\n(a)\ndefine the line of the road as shown on the prescribed composite map and\nthe boundaries of that road in such manner as it thinks fair and\nequitable; and\n(b) request the Registrar to make such adjustments in the existing land\nboundaries as the Registrar thinks necessary to ensure that the boundaries\nof both the road and any lands near to or abutting on that road correspond\nwith the defined boundaries of the road under paragraph (a).\n(3) Pursuant to a request under paragraph (b) of subsection (2), the Registrar shall\nmake the necessary adjustments in the existing land boundaries and such\nadjustments shall be \u2014\n(a)\nnotified in the Gazette and in a daily newspaper published and circulating\nin the Islands; and\n(b) communicated to the proprietors of lands affected thereby, by registered\nletters addressed to them at the address shown on the register.\n(4) The Roads Authority may, pursuant to any adjustments in boundaries made\nunder this section, authorise the removal and relocation to conform with the\nadjustment of any marker on the road or on any existing land boundary in\naccordance with the Land Surveyors Law (1996 Revision).\n(5) Where any adjustment of the boundaries of a road made under this section\ninjuriously affects the interest of any person in a portion of land that person may\nobject to the adjustment within one month of the date of publication of the\nadjustment in the Gazette under paragraph (a) of subsection (3) and deliver to\nthe Registrar a statement in writing setting out the basis of his objection.\n(6) The Registrar shall consider any objection made under subsection (5) and notify\nany decision made to the objector.\n\nRoads Law\nSection 24\n\nc\nRevised as at 12th day of July, 2005\nPage 19\n\n(7) Any person aggrieved by a decision of the Registrar with regard to any portion\nof land under subsection (6) may make a claim for compensation in like manner\nas if the decision of the Registrar were a declaration made under section 3\nrelating to that portion of land.\n24.\nPower to exchange land to adjust boundaries of roads\n24. (1) The Roads Authority may, for the purpose of adjusting the boundaries of a road,\nenter into agreement with the owner of any land the boundaries of which adjoin\nor lie near to the road, providing for the exchange of any such land for land on\nwhich the road is situated with or without payment by either party of money for\nequality of exchange.\n(2) Where no payment by either party is required under subsection (1), no stamp\nduty shall be payable on the agreement.\n(3) The Roads Authority, if proposing to enter into an agreement under this section,\nshall publish once at least in each of two successive weeks in a daily newspaper\npublished and circulating in the Islands, a notice giving particulars of the\nproposed agreement and shall not enter into the proposed agreement before the\nexpiration of the period of two months from the date on which the first such\nnotice is published.\n(4) The Roads Authority shall take into account any representations made to it by\nstatutory undertakers or any other persons appearing to the Roads Authority to\nbe affected by the proposal.\n(5) When the Roads Authority exchanges land under this section it shall notify the\nRegistrar and furnish to him particulars of the transaction in such detail as the\nRegistrar may require.\n25.\nRestriction of laying of mains, etc., on roads\n25. (1) Subject to subsection (2), the power conferred on statutory undertakers by or\nunder any law to lay down or erect any apparatus under, in, over, along or across\nany land shall not be exercisable in relation to any land comprised in the route\nof a road except with the consent of the Roads Authority:\nProvided that, save as otherwise prescribed by regulations, the consent of the\nRoads Authority shall not be required under this section for the laying down or\nerection by statutory undertakers of any apparatus for the purpose of repairing\nor maintaining any apparatus for the time being belonging to or used by them\nfor the purpose of their undertaking.\n(2) The consent of the Roads Authority under subsection (1) may be given subject\nto conditions, except that nothing in this section shall limit the power of the\nRoads Authority to require the reinstatement of the road, to require payment in\nlieu of reinstatement or to enter into an agreement with any undertakers for the\npayment by those undertakers of any amount towards the cost of works which\n\nSection 26\nRoads Law\n\nPage 20\nRevised as at 12th day of July, 2005\nc\n\nthe Roads Authority agrees to perform for reinstating the road, or to require the\ngiving of any bond or other security for the payment of such sums or the\nreinstatement of the road.\n26.\nModification of Development and Planning Law (2005 Revision) re long term\nprojection of road corridors\n26. (1) Notwithstanding the Development and Planning Law (2005 Revision), the\nGovernor may, subject to subsection (2), exercise any of the powers of the\nCentral Planning Authority under that law in relation to the making and\nimplementation of a development plan insofar as those powers relate to \u2014\n(a)\nthe sites of proposed roads; and\n(b) the particulars, in relation to roads in Part I of the Second Schedule to that\nlaw,\nhereinafter in this section referred to as a \u201croad corridor\u201d.\n(2) The Governor shall not exercise his powers under subsection (1) until and unless\nhe receives a recommendation for that purpose from the Central Planning\nAuthority and the Roads Auithority.\n(3) Where, in furtherance of any provision made for a road corridor in a\ndevelopment plan, it becomes necessary or desirable to designate land as being\nsubject to acquisition for road purposes, the procedure therefor shall be in\naccordance with section 3 and such other sections as relate to that section.\n(4) A development plan made under subsection (1) shall have effect as if it were a\ndevelopment plan made under the Development and Planning Law (2005\nRevision) subject to modification of that law, in relation thereto, in the following\nrespects \u2014\n(a)\ninstead of any procedure under section 14 of that law, the development\nplan shall be brought into operation by the publication of a notice to that\neffect published by the Governor in the Gazette;\n(b) section 12(2) of that law (which relates to acquisitions not likely to take\nplace within five years) shall not apply;\n(c)\nsection 12(3) of that law (which relates to an obligation of the authority to\nacquire land in certain circumstances) shall not apply but in lieu thereof,\nsubsection (5) shall have effect; and\n(d) Part IV of that law (which relates to compensation for refusal or\nconditional grant of planning permission) shall apply subject to any\nprovision made by, or regulations prescribed under, this Law.\n(5) If, on the application of any person before a relevant section 3 notice is issued,\nthe Governor, upon recommendation by the Roads Authority, is satisfied that,\nhaving regard to the small size of the portion of land held by that person or other\nphysical features of that land, the reservation of the road corridor affecting that\n\nRoads Law\nSection 26\n\nc\nRevised as at 12th day of July, 2005\nPage 21\n\nland will cause that person undue hardship, the Roads Authority shall require\nthat person to submit a claim for compensation to the Roads Authority as if it\nwere a claim for compensation made pursuant to a declaration under section 3\nand the provisions of this Law shall apply accordingly.\n(6) Where, pursuant to a claim made under subsection (5), a person is awarded\ncompensation, in respect of a portion of land affected by the reservation of a\nroad corridor, that person shall not be entitled to make any further claim for\ncompensation under this Law in respect of that portion of land.\n\nRoads Law\nFIRST SCHEDULE\n\nc\nRevised as at 12th day of July, 2005\nPage 23\n\n FIRST SCHEDULE\n(section 5(7))\nATTRIBUTES AND CHARACTERISTICS OF CATEGORIES OF ROADS\nPrimary Arterial Roads\nThese are roads \u2014\n(a)\nthat are designed to carry large amounts of traffic between major centres\nof activity;\n(b) that are generally designed to accommodate levels of mobility of not less\nthan forty miles per hour or, in special circumstances, not less than thirty\nmiles per hour; and\n(c)\naccess to which is permitted only by way of roundabouts, signals, collector\nroads or access roads, at access points approved by the Roads Authority.\nSecondary Arterial Roads\nThese are roads that \u2014\n(a)\nmay interconnect with and augment the functioning of primary arterial\nroads;\n(b) are designed to accommodate trips of moderate length at a lower level of\nmobility than is prescribed for primary arterial roads or, in special\ncircumstances, levels of mobility of not less than twenty-five miles per\nhour and not more than fifty miles per hour;\n(c)\npermit more opportunities for access than primary arterial roads; and\n(d) permit access to abutting lands using acceleration lanes, deceleration lanes,\nfrontage roads, medians, centre turn lanes, etc., to maximize the movement\nof traffic.\nCollector Roads\nThese are roads that \u2014\n(a)\nprovide access to primary arterial roads and secondary arterial roads; and\n(b) permit convenient circulation of traffic within residential neighbourhoods\nand commercial and industrial areas.\nAccess Roads\nThese are roads that \u2014\n(a)\nsupplement collector roads providing access to public roads or private\nroads, and roads in agricultural, commercial or residential areas;\n\nFIRST SCHEDULE\nRoads Law\n\nPage 24\nRevised as at 12th day of July, 2005\nc\n\n(b) include significantly less access control than primary arterial roads,\nsecondary arterial roads and collector roads, and are generally built out to\ntheir maximum lane;\n(c)\ngenerally divided into two lanes and may include medians, speed humps\nor other prescribed traffic calming devices, and the posted speed limit is\nrestricted to twenty-five miles per hour or less;\n(d) are designed to accommodate levels of mobility of twenty-five miles per\nhour or less; and\n(e)\nallow for physical traffic calming devices, approved by the Roads\nAuthority, to control speeding and traffic that may prove detrimental to\nresidents of that road.\nAccess roads shall only be used in urbanised areas where significant land use changes\nor roadway widening is not perceived as likely.\nPublic Footpaths\nThese are public roads or rights of access on which pedestrians may walk but on\nwhich vehicles may not be driven or parked except to such limited extent as the Roads\nAuthority may authorise.\n\nRoads Law\nSECOND SCHEDULE\n\nc\nRevised as at 12th day of July, 2005\nPage 25\n\nSECOND SCHEDULE\n(sections 7 and 12)\nASSESSMENT AND PAYMENT OF COMPENSATION\nPART I - General\nDefinitions and interpretation\n1.\n(1) In this Schedule \u2014\n\u201cchairman\u201d means the chairman of the Committee;\n\u201cmarket value\u201d means the amount which the land if sold on the open market by\na willing seller might be expected to realise;\n\u201cmight be expected to realise\u201d refers to the expectation of properly qualified\npersons who are informed of all particulars ascertainable about the property and\nits capabilities, the demand for it and likely buyers:\n\u201cperson interested\u201d, as respects any portion of land, includes the claimant and\nany other person accepted by the Roads Authority as having an interest in the\nland likely to be affected by the claim;\n\u201cprofits\u201d includes profits in the nature of rents but does not include profits a\nprendre or such profits as may have been made by carrying on a business upon\nthe land; and\n\u201cwilling seller\u2019\u2019 means a person selling as a free agent, as distinct from one who\nis forced to sell under compulsory powers.\n(2) For the purposes of this Law a person entitled to two interests in land shall be\ntaken to be entitled to them in the same capacity if, but only if, he is entitled \u2014\n(a)\nto both of them beneficially;\n(b) to both of them as trustee of one particular trust; or\n(c)\nto both of them as personal representative of one particular person.\nProceedings of the Committee\n2.\n(1) The assembling of members of the Committee for the purpose of determining\neligibility for and the amount of compensation payable in respect of any claim\nand the proceedings thereat are hereinafter referred to as \u201cproceedings\u201d.\n(2) Proceedings shall be held in public:\nProvided that the amount of compensation awarded, if any, shall not be\ncommunicated by the Committee to any person other than the Road Authority\n\nSECOND SCHEDULE\nRoads Law\n\nPage 26\nRevised as at 12th day of July, 2005\nc\n\nor its representative and a person interested or any other person representing,\npursuant to this paragraph, the person interested.\n(3) The chairman presides over the proceedings and may adjourn the proceedings,\nfrom time to time, as he thinks fit.\n(4) Any public officer duly authorised in that behalf by the Governor and any person\ninterested or any person bona fide claiming to be interested in the land to be\nacquired, or enabled to sell and convey the land, is entitled to give evidence at\nthe proceedings and to make representations to the Committee either directly or\nthrough an attorney-at-law or through any other person whom the chairman\nallows to make representations in that behalf.\n(5) Evidence taken in the proceedings is on oath.\n(6) The Committee may order that the costs of any proceedings incurred by any\nparty shall be paid by any other party and may tax or settle the amount of any\ncosts to be paid under any such order or direct in what manner they are to be\ntaxed.\n(7) Not more than one expert witness on either side shall be heard unless the\nCommittee otherwise directs.\n(8) Except as otherwise provided in this Law, the procedure at the proceedings shall\nbe such as the Committee, in its discretion, determines.\nPower to summon witnesses, etc.\n3.\n(1) Pending or during the proceedings, the chairman may summon any person to\ngive evidence at the proceedings.\n(2) Whoever, summoned to give evidence at the proceedings, fails without\nreasonable excuse to attend the proceedings as directed by summons, or refuses\nto give evidence when required by the chairman to do so, is guilty of an offence\nand liable on summary conviction to a fine of five thousand dollars:\nProvided that a person required to give evidence at the proceedings shall be\nentitled to all the protection and privileges to which he would have been entitled\nif the proceedings had been proceedings before the Grand Court.\nInspection of land by Committee\n4.\n(1) The Committee, before determining the amount of compensation payable in\nrespect of any land, may inspect the land and for that purpose may, at any\nreasonable hour, enter that land and any building thereon.\n(2) Whoever obstructs any member of the Committee in the exercise of his duties\nunder subparagraph (l) is guilty of an offence and liable on summary conviction\nto a fine of five thousand dollars.\n\nRoads Law\nSECOND SCHEDULE\n\nc\nRevised as at 12th day of July, 2005\nPage 27\n\nPreliminary determination of qualification to claim compensation\n5.\n(1) Before proceeding with a claim for compensation, the Committee shall\ndetermine whether the claimant qualifies to make a claim for compensation\nhaving regard to sections 8 and 9.\n(2) If the Committee decides that the claimant qualifies as aforesaid it shall proceed\nto determine the amount of the compensation in accordance with this Law.\n(3) If the Committee decides that the claimant does not qualify as aforesaid it shall,\nsubject to any appeal to the Grand Court, not proceed further with the case.\n(4) For the purposes of any appeal to the Grand Court. the decision of the\nCommittee under this paragraph shall be treated as if it were an award.\nAssessment of compensation\n6.\n(1) In determining the amount of compensation to be awarded in respect of any\nportion of land under this Law, the Committee shall take into consideration \u2014\n(a)\nthe market value of the land at the declared day;\n(b) the damage sustained by the claimant by reason of the taking of any\nstanding crops or trees which are on the land at the time of the taking\npossession thereof;\n(c)\nany damage sustained by the claimant at the time of the taking possession\nof the land, by reason of the severing of such land from his other land;\n(d) any damage sustained by the claimant at the time of the taking of the\nportion of land, by reason of the dispossession injuriously affecting his\nother property, movable or immovable, in any other manner, or his\nearnings;\n(e)\nif, in consequence of the dispossession, the claimant is compelled to\nchange his residence or place of business, the reasonable expenses\nincidental to such change;\n(f)\nany damage bona fide resulting from diminution of the profits of the land\nbetween the declared day and the time of the taking possession of the land;\nand\n(g) any increase in the value of the claimant\u2019s interest \u2014\n(i)\nin any remaining portion of the land in respect of which the claim is\nmade; and\n(ii) in other land contiguous or adjacent to (whether or not actually\ntouching) any land mentioned in subparagraph (i) to which the\nclaimant was entitled in the same capacity on the declared day; and\nwhich is likely to accrue from the use to which the land subject of the claim will\nbe put.\n\nSECOND SCHEDULE\nRoads Law\n\nPage 28\nRevised as at 12th day of July, 2005\nc\n\n(2) In determining the amount of compensation to be awarded in respect of any\nportion of land under this Law, the Committee shall not take into\nconsideration \u2014\n(a)\nthe fact that the action taken is compulsory;\n(b) the degree of urgency which has led to the action taken;\n(c)\nany disinclination on the part of the claimant to part with the land taken;\n(d) any damage sustained by the claimant which, if caused by a private person,\nwould not render such person liable to a suit;\n(e)\nany damage which is likely to be caused to the portion of land after the\ndeclared day by or in consequence of the use to which it will be put;\n(f)\nany increase to the value of the portion of land likely to accrue from the\nuse to which it will be put after dispossession;\n(g) any outlay or improvements on, or disposal of, the portion of land\ncommenced, made or effected without the sanction of the Roads Authority\nafter the declared day; or\n(h) the special suitability or adaptability of the portion of land for any purpose\nif that purpose is a purpose to which it could be applied only in pursuance\nof statutory powers, or for which there is no market apart from the special\nneeds of a particular purchaser.\n(3) In assessing the value of any interest in respect of which the claim is made, it\nshall be assumed \u2014\n(a)\nthat planning permission would be granted in respect of the land in which\nthe interest subsists (\u201cthe relevant land\u201d) for a use which conforms with\nthe planning use outline in the development plan for that location and for\nwhich it is reasonable to assume that planning permission would have been\ngranted;\n(b) where an order has been made under section 15 of the Development and\nPlanning Law (2005 Revision) in respect of the relevant land or any part\nthereof, requiring the removal of any building or the discontinuance of any\nuse, that planning permission would not be granted in respect of the\nrelevant land or any part thereof for the rebuilding of that building or the\nresumption of that use; and\n(c)\nthat planning permission would not be granted in respect of the relevant\nland or any part thereof for any development other than such development\nas is mentioned in paragraph (a); and if planning permission has been\ngranted for such other development it shall be assumed that the planning\npermission has not been granted insofar as it relates to development that\nhas not been carried out.\n(4) Where, upon a claim being made, the Assessment Committee is satisfied that\nthe portion of contiguous land remaining to the claimant is less than one-half\n\nRoads Law\nSECOND SCHEDULE\n\nc\nRevised as at 12th day of July, 2005\nPage 29\n\nacre, and considers that the amount due to the claimant in respect of subsubparagraphs (a), (c) and (d) of subparagraph (1) exceeds or is likely to exceed\nthe market value of the whole portion (being the portion taken or to be taken,\ntogether with the land remaining to the claimant), the Assessment Committee\nshall signify this to the Roads Authority, which may then proceed to acquire the\nwhole portion and pay therefor compensation calculated in accordance with this\nparagraph, with the exception of sub-subparagraphs (c) and (d) of subparagraph\n(l).\nAward of Committee\n7.\n(1) The Committee, after determining the total amount of compensation, if any,\nunder paragraph 6, shall embody their conclusions in a written award signed and\ndated by the chairman and, as far as is practicable, shall show in the award the\nseveral amounts awarded as compensation under headings corresponding to the\nseveral matters which are required to be taken into consideration by paragraph\n6.\n(2) If the Committee are not unanimous, their decisions shall be governed by the\nvotes of the majority.\n(3) The chairman shall deliver the award and the record of the proceedings to the\nRoads Authority, and the Roads Authority shall, within seven days of the date\nof the award, cause a certified copy of the award to be given to each person\ninterested; and thereupon, subject to section 11, the total amount of the award\nshall become payable in accordance with this Law to the persons entitled\nthereto.\nAppeal to Grand Court\n8.\n(1) The Roads Authority or any person interested in the portion of land or having a\nright over such land, who is aggrieved by an award of the Committee under this\nLaw may, within twenty-one days of the date of the award or such longer period\nas the Grand Court may for good cause allow, appeal to the Grand Court on the\nground that \u2014\n(a)\nthe extent of the interest or right in the portion of land has been wrongly\ndetermined; or\n(b) the Committee has erred in a matter of law.\n(2) Proceedings under subparagraph (1) may be regulated by rules of court.\n(3) On the hearing of an appeal brought under this paragraph, the Grand Court may\nmake such order (including an order for costs) as it thinks fit.\n\nSECOND SCHEDULE\nRoads Law\n\nPage 30\nRevised as at 12th day of July, 2005\nc\n\nPART II-Payment of Compensation Money\nDefinitions in Part II\n9.\nIn this Part \u2014\n\u201ccompensation money\u201d means the amount of the award of the Committee, or\nany part thereof;\n\u201cCourt\u201d means the Grand Court;\n\u201cland\u201d means any portion of land which has been the subject of an award by the\nCommittee; and\n\u201cperson entitled\u201d means any person whom the Committee or the Court, as the\ncase may be, determines to be a person who has a good title to compensation\nmoney.\nInterest\n10. (1) Any compensation awarded for an interest in land under this Law shall carry\ninterest, at the rate of six per cent per annum, from the date of the award until\nthe compensation is paid or paid into court under this Law.\n(2) Where assessment is made on the basis of the two-stage assessment referred to\nin section 11, reference in subparagraph (1) to the award shall be construed as\nreference to the final award.\n(3) The Governor may, from time to time by order in the Gazette, change the rate\nof interest payable under this paragraph and, notwithstanding anything to the\ncontrary, the changed rate shall apply to awards bearing interest at the date on\nwhich the order has effect.\nPayment of compensation money to persons entitled\n11. (1) Subject to subparagraph (2), compensation money shall be paid by the Roads\nAuthority to the person entitled according to the estate, interest or right which\nhe possessed in or over the land.\n(2) Where there are two or more persons entitled who had varying estates or\ninterests in the land, then, if such persons agree among themselves as to the\napportionment of the compensation money, the Roads Authority shall pay them\nthe compensation money in accordance with their agreement, and the terms of\nany such agreement shall be notified to the Roads Authority in writing signed\nby all the parties thereto.\nSubject as hereinafter provided, in any case where \u2014\n(a)\na person entitled refuses to accept compensation money tendered to him\nby the Roads Authority;\n\nRoads Law\nSECOND SCHEDULE\n\nc\nRevised as at 12th day of July, 2005\nPage 31\n\n(b) a person entitled cannot after reasonable enquiry be found;\n(c)\na person entitled is a person under a legal disability;\n(d) there are two or more persons entitled who had varying estates or interests\nin the land and who are unable to agree among themselves as to the\napportionment of the compensation money; or\n(e)\nthere is no person entitled to the compensation money or no person entitled\nto compensation money in respect of some particular estate or interest in\nthe land,\nthe Roads Authority shall pay the compensation money into the Court:\nProvided that in the case of a person under a legal disability the Roads Authority\nmay pay compensation money to any person who is empowered by law to\nreceive and give a valid discharge for such money on behalf of the person under\nthe legal disability.\nDisposal of money paid into Court\n12. Any money paid into the Court under this Law may, on the application of any person\nclaiming to be entitled thereto, or of any person lawfully representing any such\nperson, be dealt with and disposed of as the Court may think fit; and the Court, in\ndirecting payment out of Court of any such money, may impose such terms and\nconditions as to the investment of the money or the creation of a trust in respect\nthereof or otherwise as the Court may think proper having regard to the\ncircumstances.\nProcedure on non-payment of compensation\n13. (1) Where a person is, by virtue of an award of the Committee or an order of the\nCourt made under paragraph 8, entitled to compensation money, that person\nmay apply to the Court for an order that the compensation money be paid\nforthwith.\n(2) On an application made under subparagraph (1), the Court may grant or refuse\nthe order and make such order as to costs as it thinks just.\n(3) Where the Court makes an order that compensation money shall be paid\nforthwith, the sum due shall thereupon become a charge on the assets of the\nRoads Authority and shall be paid by the Roads Authority to the person named\nin the order of the Court within seven days of the date of the order.\n\nSECOND SCHEDULE\nRoads Law\n\nPage 32\nRevised as at 12th day of July, 2005\nc\n\nPART III- Supplemental Provisions\nService of notices\n14. (1) Any notice, order or other document which is required to be served under this\nSchedule on any person may be served \u2014\n(a)\nby delivering it to the person on whom it is to be served;\n(b) by leaving it at the usual or last known place of abode of that person;\n(c)\nby sending it by prepaid post addressed to that person at his usual or last\nknown postal address;\n(d) in the case of a body corporate, by delivering it or sending it by prepaid\npost to the secretary or clerk of that body at its registered office or other\nplace of business; or\n(e)\nif it is not practicable to effect service by any of such methods as aforesaid,\nby addressing it to him by the description of \u201cowner\u201d or, as the case may\nbe, \u201coccupier\u201d of the land to which it relates and by delivering it to some\nperson occupying any premises on the land; or, if there is no such person\nto whom it can be delivered, by affixing it or a copy thereof to some\nconspicuous part of the premises.\n(2) Service effected by delivery under subparagraphs (a) or (d) of subparagraph (1)\nshall have effect from the time of delivery.\n(3) Service effected otherwise than by delivery shall be deemed to have been\neffected three days after the steps taken under subparagraph (1) have been taken\nunless and to the extent that the contrary is proved.\nProof of service\n15. In any proceedings a certificate purporting to be under the hand of a public officer\nand specifying the steps taken under paragraph 14(1) to effect service of any notice,\norder or other document on any person on any date shall be prima facie evidence of\nthe facts stated therein.\n\nRoads Law\nSECOND SCHEDULE\n\nc\nRevised as at 12th day of July, 2005\nPage 33\n\nPublication in consolidated and revised form authorised by the Governor in Cabinet\nthis 12th day of July, 2005.\nCarmena Watler\nClerk of Cabinet\n\nNote:  By virtue of section 25 of Law 11 of 2004, the following savings and transitional\nprovisions apply \u2014\n1.\nEvery matter commenced under the former Law and partly dealt with by the\nGovernor, the Highway Authority or the Committee as at the 1st July, 2004 is to be\ncontinued and dealt with in all respects as if the new Law had not come into force.\n2.\nEvery matter commenced under the former Law and not wholly or partly dealt with\nby the Governor, the Highway Authority or the Committee as at the 1st July, 2004 is to be\ntaken to be a matter commenced under the new Law and the provisions of the new Law are\nto apply accordingly.\n3.\nIn the case of an appeal against any decision of the Committee that has been\ncommenced but not finally determined before the new 1st July, 2004, the Grand Court is\nto continue to deal with the appeal as if the new Law had not come into force; and when\nthe appeal is finally determined, the former Law is to apply subject to any necessary\nmodifications as if the appeal had been finally determined before the 1st July, 2004.\n4.\nOn and after the 1st July, 2004, neither the Governor nor the Highway Authority shall\nbe liable in damages for anything done or omitted in the discharge or purported discharge\nof their respective functions under the former Law, unless it is shown that the act or\nomission was in bad faith.\n5.\nIn this section \u2014\n\u201cCommittee\u201d means the Assessment Committee referred to in section 7 of the former Law;\n\u201cformer Law\u201d means the Law as set out in the 2000 Revision;\n\u201cGovernor\u201d means the Governor in Cabinet;\n\u201cHighway Authority\u201d has the meaning assigned to it in section 5 of the principal Law; and\n\u201cnew Law\u201d means the Law as set out in this Revision.","akn_extracted_at":"2026-06-22 15:37:24.744789+00","cms_id":"1974-0018","law_type":"principal","year":"1974","number":"18","title":"Roads Act","status":"in_force"},"provenance":{"files":[{"file_id":"4972","expr_id":"168","kind":"akn_xml","filename":"1974-0018_2005 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1974\/1974-0018\/1974-0018_2005 Revision.akn.xml","content_md5":"ede784b7d663b2e4348002d32f590f1c","byte_size":"65023","http_last_modified":null,"fetched_at":"2026-06-22 15:37:25.292283+00"},{"file_id":"335","expr_id":"168","kind":"pristine_pdf","filename":"1974-0018_2005 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1974\/1974-0018\/1974-0018_2005 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1974\/1974-0018\/1974-0018_2005 Revision.pdf","content_md5":"beda17ddb7363068c55a172729a1934d","byte_size":"831955","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.751191+00"},{"file_id":"336","expr_id":"168","kind":"working_pdf","filename":"1974-0018_2005 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1974\/1974-0018\/1974-0018_2005 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1974\/1974-0018\/1974-0018_2005 Revision.pdf","content_md5":"beda17ddb7363068c55a172729a1934d","byte_size":"831955","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.751191+00"}],"paragraph_count":18,"latest_history":null},"quality":{"expr_id":"168","doc_id":"168","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows likely truncation in definitions and stray 'c' characters; review recommended.","assessed_at":"2026-06-22 15:29:45.311831+00","updated_at":"2026-06-22 15:29:45.311831+00"}}