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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 35

Power to owner to object that lands are essential to be retained, or other lands ought to be taken.

35. In any case in which a notice of three weeks is herein-before required to
be given it shall be lawful for the owner or occupier of the lands therein
referred to, within ten days after the service of such notice, by notice in
writing to the company, to object to the company making use of such lands,
either on the ground that the lands proposed to be taken for the purposes
aforesaid, or some part thereof, or of the materials contained therein, are
essential to be retained by such owner in order to the beneficial enjoyment of
other neighbouring lands belonging to him, or on the ground that other lands
lying contiguous or near to those proposed to be taken would be more fitting
to be used for such purposes by the company; and upon objection being so made
such proceedings may be had as herein-after mentioned.

© 1845 Crown Copyright

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