Chapter 128: Section 23. Compensation for destruction of cultivated berry-bearing shrubbery; notice; investigation; arbitration; award; certification.

Section 23. The owner of any cultivated berry-bearing shrubbery destroyed by the director or his assistants under section twenty-one and twenty-two shall receive compensation therefor from the commonwealth, provided that he has given written notice thereof to the director within thirty days after the accrual of his claim to compensation. The director or an assistant shall thereupon investigate the same, and if the director does
not agree with the claimant as to the validity of his claim or as to the amount thereof, the question at issue shall be determined by three arbitrators who shall be the commissioner, the director of the division of forest and parks in the department of environmental management, and an assistant attorney general to be designated by the attorney general. Any award of damages made by said arbitrators, together with the cost of the appraisal, shall be certified to the comptroller, and shall thereupon be paid by the commonwealth in the same manner as other claims.