Section 22: Powers relative to obstruction of view on Federal highways
(1) If trees are standing in a position likely in the opinion of the Minister to obstruct traffic in the event of falling on a Federal highway or likely to obstruct the view of traffic using the Federal highway, any person duly authorised in writing in that behalf by the Minister may enter on adjoining land to any necessary extent in order to fell or otherwise remove or log the trees as circumstances may require.
(2) If the power conferred by subsection (1) of this section is exercised in respect of a tree on land other than a Federal highway, compensation shall be payable to the owner only where the Federal highway was in use before the tree became a potential source of obstruction, and the tree had at the time of its felling a marketable value; in default of agreement under this subsection the amount shall be fixed by a competent person appointed for this purpose by the Minister.
(3) An award of compensation fixed by agreement under subsection (2) of this section, shall be final, and a court shall only entertain a suit to recover compensation for any trees felled or otherwise dealt with under this section where the amount is fixed in default of agreement.
Cite this section
Section 22, FEDERAL HIGHWAYS ACT (1971).
https://repo.podus.ai/laws/federal-highways-act/section/22/