River Owenmore Drainage Act, 1926
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Mode of fixing amount of compensation. |
6.—(1) As soon as may be after the confirmation of the scheme by the Minister for Finance the Commissioners shall proceed to acquire the several lands and premises, easements, water-rights, and other rights proposed in the scheme to be compulsorily acquired, and the compensation to be paid for such lands, premises, and rights to the several persons entitled thereto or having estates or interests therein or entitled to or having estates or interests in the lands and premises over which such rights are to be acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 . | |
(2) The amount of compensation payable— | ||
(a) to any person on account of the compulsory restriction, termination, or other interference with any easement, water-right, or other right, or the diversion, removal, or other interference with any private road or bridge under or in pursuance of the scheme; or | ||
(b) to any authority or body charged with the maintenance of any public road or bridge on account of the diversion, removal, or other interference with such road or bridge under or in pursuance of the scheme, | ||
shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 in like manner as if such compensation were the price of land compulsorily acquired. | ||
(3) When compensation is being assessed in pursuance of this section in respect of any lands, premises, or right which are or is occupied, used, or enjoyed with or form or forms part of any mill or factory, regard shall be had to any benefit resulting or which may result from any improvement in the water power of such mill or factory or the constancy of the supply of water to it or relief from back-water which may reasonably be expected to arise from the execution of the works under the scheme. | ||
(4) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 shall apply to the compensation payable by the Commissioners and to the conveyances of lands, premises, and rights to the Commissioners under this Act, and for the purposes of such application the Commissioners shall be deemed to be the promoters of the undertaking. | ||
(5) No action shall lie at law or in equity against the Commissioners or any of their officers or servants in respect of any act, matter, or thing in respect of which compensation is payable by virtue of this section. |