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Flood and Water Management Act 2010

Compensation for owners and third parties

142.Paragraph 14 provides that an authority must pay compensation to a person in respect of damage to their land resulting from the exercise of the powers of entry.

143.However, compensation is not payable to a person who has altered, removed or replaced the feature without the relevant authority’s consent, or has failed to comply with an enforcement notice.

144.There is an exception: if an authority has exercised its powers unreasonably then compensation should be paid in respect of any damage suffered as a result of the unreasonable use of powers irrespective of whether a notice has been contravened. This is in addition to any civil remedies that are available to someone who has suffered damage.

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