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11 Permanent pasture

9.55 A tenant who has been allowed, pursuant to an arbitrator’s award, to reduce the area of permanent pasture on his holding127 cannot subsequently claim compensation for restoring the pasture area ploughed up in accordance with the arbitrator’s directions.128 Similarly, when assessing compensation, the value per hectare of the tenant’s pasture must not be taken to exceed the average value per hectare of the whole of the tenant’s pasture comprised in the holding on termination of the tenancy.

This prevents the tenant selecting the superior pasture on the holding for the purposes of a compensation claim, and disclaiming inferior pasture land, where some of the holding has been ploughed and reseeded pursuant to a s 14 arbitration award.129 Similar considerations prevent a tenant claiming compensation for work carried out to restore the condition of the holding after he has exercised his statutory rights to disposal of produce and freedom of cropping.130 Contracting out of these special provisions is not allowed.131

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Source: Rodgers Christopher. Agricultural Law. Bloomsbury Publishing,2016. — 914 p.. 2016
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