I propose with your permission, a Cheann Comhairle, to take Questions Nos. 37 and 38 together. If an existing fence is removed in the course of drainage works it is replaced when the works are finished. If there was no fence before the works started and if after the works a landowner claims a fence is needed to safeguard stock or prevent trespass he is advised to erect a fence and the Commissioners of Public Works refund the cost. It is not the practice to fence spoil heaps.
If any person feels that he has suffered loss or damage as a result of works it is open to him to claim compensation in accordance with the provisions of the Arterial Drainage Act, 1945. In the assessment of compensation regard must be had to the benefit brought by the drainage works to the property of the claimant. Compensation claims may be determined by arbitration in default of agreement.