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Expenditure by a Minister, etc., in repair of an injured building.
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19.—(1) Where a building has suffered an injury to which this Act applies and a Minister of State or the Commissioners of Public Works in Ireland or the Irish Land Commission has or have expended money in the reinstatement or repair of such building on account of such injury and an application is made to the Court for compensation under this Act in respect of the said injury and the Court determines that the applicant is entitled to compensation under this Act in respect of the said injury, the court shall, in assessing the amount of such compensation, comply with the following provisions, that is to say:—
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(a) the Court shall determine the amount of such compensation without regard to the said expenditure of money in such reinstatement or repair;
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(b) the Court shall determine whether any and, if any, how much of the said expenditure was in alleviation or partial alleviation of the loss in respect of which compensation under this Act is awardable to the applicant;
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(c) if the amount determined by the Court under the foregoing paragraph (a) exceeds the amount determined by the Court under the foregoing paragraph (b), the Court shall award to the applicant compensation under this Act equal to the difference between those two amounts;
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(d) if the amount determined by the Court under the said paragraph (a) does not exceed the amount determined by the Court under the said paragraph (b), the Court shall not award to the applicant any compensation under this Act;
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(e) if the Court determines under the said paragraph (b) that none of the said expenditure was in such alleviation or partial alleviation as is mentioned in that paragraph, the Court shall award to the applicant the amount of compensation under this Act determined by the Court under the said paragraph (a).
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(2) The Minister shall, out of moneys provided by the Oireachtas, recoup to every Minister of State, the Commissioners of Public Works in Ireland, and the Irish Land Commission respectively all (if any) money expended by him or them in any such reinstatement or repair as is mentioned in the foregoing sub-section of this section.
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