Section 26: Disposal of surface water
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
26. Disposal of surface water
(1) A highway authority may, after consultation with the owner or occupier concerned, construct in or on a road for which it is responsible, culverts,
ditches or other works for the diversion of surface water from or under the
road into adjoining land.
(2) (a) Where a loss or damage is caused by water diverted under subsection (1), the highway authority shall pay to the owner or occupier of the
adjoining land such amount of compensation as may be agreed at the time of
the construction of the culvert, ditch or other works and, in default of any
agreement, the amount shall be determined in the manner set forth in section 65.
(b) In the assessment of the amount of any compensation, regard
shall be had to any increased benefit of the road to the owner or occupier of
the land.