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RAILWAYS ACT (IRELAND) 1864 - SECT 11

Settlement of compensation in respect of lands temporarily occupied.

11. The amount of the purchase money or other compensation payable by the
company in respect of lands temporarily occupied by them during the
construction of the works, in case the parties shall differ about the same,
shall be determined in manner following: The person claiming such purchase
money or compensation shall deliver to the arbitrator a short statement in
writing, setting forth the nature and amount of such claim, and shall also and
at the same time deliver to the company a copy of the same; and the like
proceedings in all respects shall be had with respect to such claim as are by
the aforesaid Acts or by this Act directed to be taken with respect to a claim
for compensation for lands taken or injuriously affected by the execution of
the works; and the arbitrator shall have full jurisdiction to entertain such
claim, and determine the amount payable in respect thereof, although the lands
so temporarily occupied may not be contained in the maps and plans deposited
with him; and the said arbitrator may include the amount so ascertained by him
as last aforesaid in his general award, or may make a special award in
relation to the same in case it shall be necessary or convenient so to do,
such special award to be made in the like manner, and to be subject to the
like provisions in all respects, as such general award; and all the enactments
expressly or by reference or incorporation contained in the said Acts or in
this Act with respect to purchase money or compensation ascertained by the
award of the arbitrator in respect of lands permanently taken by the company
shall be applicable to the purchase money or compensation ascertained as
aforesaid by the arbitrator in respect of lands so temporarily occupied as
aforesaid.


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© 1864 Crown Copyright

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