NIGERIAN RAILWAY CORPORATION ACT

Section 26: Removal of trees obstructing working of railway

1955Section 26 of 99Federal Republic of Nigeria

(1) If there appears to him to be danger that a tree standing near a railway may fall on the railway so as to obstruct traffic, or may obstruct the view of any fixed signal, an officer duly authorised in that behalf by the Corporation, may fell the tree or deal with it in such other manner as will avert the danger or remove the obstruction, as the case may be.
(2) When the power conferred by subsection (1) of this section, is exercised in respect of a tree on land, other than railway land, the Corporation-
(a) shall immediately inform such officer as may be prescribed; and
(b) if the tree was in existence before the railway was constructed, or the signal was fixed near the place where the tree was standing, shall pay compensation to the person entitled thereto:
Provided that, if no agreement is reached as to the person entitled or as to the amount of compensation, the Corporation shall call upon the officer prescribed as aforesaid to ascertain the person entitled, if any, and to assess the amount of the compensation and shall make such payment as shall accord with the decision of that officer.
(3) An award of compensation under subsection (2) of this section shall be final.
(4)
No court shall entertain a suit to recover compensation for any tree fell or otherwise dealt with under this section.

Cite this section

Section 26, NIGERIAN RAILWAY CORPORATION ACT (1955).

https://repo.podus.ai/laws/nigerian-railway-corporation-act/section/26/