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Section 65: Determination of compensation

Roads Act · PART IV: APPEALS AND DETERMINATION OF COMPENSATION

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.

65. Determination of compensation (1) Where compensation is payable as a result of a power conferred by this Act, the amount of the compensation shall, in default of agreement, be determined by the District Magistrate of the district where the road giving rise to such compensation is situated, on the application of the person claiming the compensation. R28 – 31 [Issue 1] Roads Act (2) The application shall be by plaint with summons, and shall be heard and determined according to the procedure prescribed by the District and Intermediate Courts (Civil Jurisdiction) Act. (3) (a) A party who is dissatisfied with a determination of a District Magistrate under subsection (2) may appeal to the Supreme Court against the determination in accordance with the procedure prescribed by section 37 of the District and Intermediate Courts (Civil Jurisdiction) Act, and the appeal shall be heard as if it were an ordinary civil appeal. (b) Where the appeal is made by a highway authority, it shall not be required to furnish security to cover the costs of appeal. PART V – MISCELLANEOUS

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