262. Measure of damages or compensation.

262.     Measure of damages or compensation.

The measure of damages for the trespass on another's land by the carriage of minerals1 is the value of the land for the purposes for which it is used; compensation is measured by wayleave rent in respect of the minerals carried2, and the rate, if any, used in the neighbourhood is adopted as a convenient measure3.

In the case of rights granted compulsorily under the Opencast Coal Act 1958 special provisions as to compensation apply4. Special provisions also apply to compensation for the grant of rights