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LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN IRELAND) 1955 - SECT 9

Matters to be regarded in assessing compensation.

9. When assessing compensation, [the Lands Tribunal] shall in every case have
regard to any benefit to any property (whether such property is or is not the
property in respect of which such compensation is claimed) of the person
claiming such compensation which is occasioned by or may reasonably be
expected to arise from the carrying into effect or operation of a scheme and,
in particular, [the Lands Tribunal]

(a)shall, in the case of a claim in respect of the navigation of any waterway,
have regard to the extent to which that waterway was used by the person
claiming for purposes of navigation during the ten years immediately preceding
the relevant date, or during such longer period as the Ministry may in any
case agree; and

(b)shall, in the case of a claim in respect of water rights, have regard to
any alternative water supply provided by the Ministry; and

(c)shall, in the case of a claim in respect of water or a watercourse
providing power for a mill or other industrial concern or for domestic
purposes have regard to the extent to which the power so provided was used
during the ten years immediately preceding the relevant date, and shall also
have regard to any alternative source of power provided by the Ministry or
otherwise available to the claimant.

© 1955 Crown Copyright

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