Shannon Fisheries Act, 1935
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Assessment of compensation or price. |
14.—(1) The amount of any price or compensation payable by the Board under this Act shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as modified by this Act, and, in the case of compensation, in like manner as if such compensation were the price of land compulsorily acquired. | |
(2) When the price to be paid by the Board for any property is being assessed in pursuance of this section, no regard shall be had to anything which was done or occurred in relation to such property on or after the 1st day of October, 1929, whereby the value of such property was increased, decreased or otherwise affected. | ||
(3) When the price to be paid by the Board for a fishery or fishing right is being assessed in pursuance of this section and it is shown to the satisfaction of the arbitrator that the owner of such fishery or fishing right or a person entitled to a portion of such price by virtue of his having an estate or interest in such fishery or fishing right worked such fishery or exercised such fishing right personally by his own skill and labour and that the profits derived from such working or exercise formed the whole or a substantial part of the livelihood of such owner or person, the arbitrator shall add to and include in the price so payable to such owner or to the portion thereof so payable to such person (as the case may be), as assessed under the provisions of this Act other than this sub-section, such sum as appears to the arbitrator to be a reasonable compensation for the whole or partial (as the case may be) loss of livelihood suffered by such owner or person in consequence of the acquisition of such fishery or fishing right by the Board, regard being had to the likelihood of such owner or person being able, in the circumstances of his case, to transfer his skill and labour to some other profitable occupation. | ||
(4) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to any compensation payable by the Board under this Act, and to the price to be paid by the Board for any property purchased by the Board under this Act, and the conveyance to the Board of such property, and for the purpose of such application the Board shall be deemed to be the promoter of the undertaking. |