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Arbitration regarding compensation under section 26 or 27.
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28.—(1) Where compensation is payable by the Board under section 26 or 27—
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(a) the amount thereof shall, in default of agreement, be determined by an arbitrator to be appointed by the Minister;
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(b) the Minister shall, with the consent of the Minister for Finance, fix the remuneration of the arbitrator and the remuneration shall be paid by the Board.
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(2) An arbitrator appointed to determine the compensation payable by the Board under section 26 or 27 may, having regard (amongst other matters) to any unconditional offer of compensation made by the Board and not accepted or to any unconditional offer to accept a certain sum as compensation and not accepted by the Board, by his award and at his discretion—
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(a) direct the Board to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the road authority concerned or of the council of the county of Westmeath (as may be appropriate),
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(b) direct the said road authority or council to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the Board, or
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(c) direct the Board and the said road authority or (as the case may be) the Board and the said council to abide their own costs and expenses.
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