40Power to make drains on adjoining lands

### 40 Power to make drains on adjoining lands > *\[Section 40 Amended by 25 Geo. V No. 78 \]* > > > (1)  The road authority may make, cleanse, and keep open all drains or watercourses which it may deem necessary in and through any land adjoining or near to any road of which it has the construction or maintenance. > > > (2)  Before first entering on any land for the purposes of this section, the road authority shall give to the owner and occupier thereof 14 days' notice of its intention so to do; and such notice shall set forth such particulars, if any, as may be prescribed. > > > (3)  The road authority shall pay to the owner and occupier of such land compensation for any damage sustained by such owner and occupier respectively by reason of the exercise by the road authority of the powers conferred by this section, and in default of agreement such compensation shall be determined in the manner prescribed by [section 35](#GS35@EN) . > > > (4)  The road authority at all times shall maintain and keep in repair any drain or watercourse constructed under this section.