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The Access to the Countryside (Northern Ireland) Order 1983

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CompensationN.I.

17.—(1) Subject to paragraph (3), if on a claim made in writing in accordance with paragraph (2), it is shown that, in consequence of the coming into operation of a public path creation order, a public path diversion order or a public path extinguishment order,—

(a)the value of an interest of any person in land is depreciated, or

(b)any person has suffered damage by being disturbed in his enjoyment of land,

the district council or, if the order is made by the Department, the Department shall pay that person compensation equal to the amount of the depreciation or damage.

(2) A claim for compensation under paragraph (1) shall—

(a)state the amount of compensation claimed;

(b)be served on the district council or, as the case may be, the Department within six months after the date when the relevant order comes into operation;

(c)be accompanies by particulars of the interest in land in respect of which the claim is made, being particulars sufficient to identify approximately the boundaries of the land, and of the nature of the claimant's title thereto.

(3) Nothing in this Article confers on any person, in respect of a right of way created by a public path creation order or a public path diversion order, a right to compensation for depreciation of the value of an interest in land, or for disturbance in his enjoyment of land, not being in either case land over which the right of way was created or land held therewith, unless the creation of the right of way would have been actionable at his suit if it had been effected otherwise than in the exercise of statutory powers.

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