Malaysia legislation
Section 39
Section 39
(1)
When an Authority has laid out and made any road, street, bridge, ferry, culvert or tunnel in any urban area, it may recover the cost of acquiring the land for, and of constructing, the said road, street, bridge, ferry, culvert or tunnel from the owners of the premises adjoining thereto or fronting or abutting thereon.
(2)
Such cost shall be paid by the persons who are the owners when the work is completed according to the frontage of their respective premises in such proportions as are settled by agreement or in default of agreement as may be decided by the Authority whose decision shall be final:
Provided that no owner shall be called upon to pay a greater sum than half of that by which his holding has been appreciated in value by reason of the road, street, bridge, ferry, culvert or tunnel having been constructed.
(3)
In order to arrive at such appreciation in value the Authority shall cause a valuation to be made of the premises fronting, adjoining or abutting upon the line of such road, street, bridge ferry, culvert or tunnel at the time the consent of the Minister is given under section 38 and a further valuation to be made as soon as the road, street, bridge, ferry, culvert or tunnel is completed.
(4)
If the owner of any such premises is dissatisfied with either of such valuations, he may appeal to the High Court whose decision shall be final.
30
Plans for new streets in urban area.