|
|
Provisions respecting acquisition of land and purchase money.
44 & 45 Vict. c. 49.
|
2. Where it is proposed that any land shall be acquired compulsorily under this Act—
|
|
| |
(1) The Estates Commissioners shall publish a notice to that effect in the “Dublin Gazette” containing the prescribed particulars with respect to the land, and calling upon any persons interested in the land, who may object to the acquisition thereof under this Act, to lodge in the office of the Land Commission, within the prescribed period, a statement of the grounds of their objection:
|
|
| |
(2) A copy of the aforesaid notice shall be served by the Estates Commissioners as soon as may be, in the prescribed manner, upon the person who appears to them to be the owner of the land, and upon all persons known or believed by them to be interested therein:
|
|
| |
(3) At any time after the publication of the aforesaid notice, any inspectors and other persons appointed by the Estates Commissioners may enter upon the land, and do all such things as may be necessary for the purpose of enabling the Commissioners to determine whether the land is suitable for the purposes of this Act and to estimate the price thereof:
|
|
| |
(4) If it appears to the Estates Commissioners, after considering the report of their inspectors and any objections to the acquisition of the land lodged as aforesaid, that the land is suitable for the purposes of this Act, and that no valid objection has been raised to such acquisition, they may, if they think fit, make an offer to the person appearing to them to be the owner of the land for the purchase thereof at such price as appears to them primâ facie to be a reasonable price:
|
|
| |
(5) The Estates Commissioners shall, upon making such offer, give notice in the prescribed manner to all persons known or believed by them to be interested in the land of their intention to acquire the same at the aforesaid price, unless within the prescribed period a petition is presented to the Land Commission by any person interested praying that the land shall not be so acquired without further inquiry:
|
|
| |
(6) If no petition has been presented, or if every such petition has been withdrawn, the purchase money shall, within six months after the expiration of the time limited for the presentation of petitions, be paid into the Bank of Ireland by the Land Commission and the Estates Commissioners shall make an order vesting the land in the Land Commission:
|
|
| |
(7) If a petition has been presented, and has not been withdrawn, the petition and all questions arising thereon shall, subject to the provisions of section twenty-three of the Act of 1903 with respect to questions of law, be heard and determined by the Estates Commissioners, or any two of them, and their decision shall, subject to the provisions of this section, be final:
|
|
| |
(8) Any person aggrieved by any determination of the Estates Commissioners, fixing the price of the land proposed to be acquired, may within the prescribed time appeal to the Judicial Commissioner, who shall hear in the prescribed manner and determine the appeal:
|
|
| |
(9) The powers conferred upon the Land Commission by section forty-eight of the Land Law (Ireland) Act, 1881, may be exercised by the Judicial Commissioner in the case of all proceedings coming before him in pursuance of the last preceding subsection:
|
|
| |
(10) The powers and duties of the Judicial Commissioner under this section shall not be exercised and performed by any other judge appointed as an additional Judicial Commissioner save during the absence through illness of the Judicial Commissioner:
|
|
| |
(11) Any person aggrieved by any determination of the Estates Commissioners of a question arising under the provisions of this Act imposing restrictions on the acquisition of land may, within the prescribed time, appeal, at his option, either to the Judge of Assize of the county in which the land is situate, or to a Judge of the King’s Bench Division of the High Court placed on a rota for the purposes of this Act:
|
|
| |
(12) The Judge shall have power to hear and determine all questions of law and fact arising on any such appeal (other than a question of law referred to the Judicial Commissioner under section twenty-three of the Act of 1903), and may make such order as to costs as he may think fit, and his decision on all questions heard by him shall be final:
|
|
| |
(13) Rules of the Supreme Court shall provide for the forming of a rota for the purposes of this Act, and for the procedure to be adopted on the hearing of any such last-mentioned appeals, and for the consolidation and transfer where necessary of such appeals:
|
|
| |
(14) Subject to the determination of all questions arising on the petition, the purchase money shall, within the prescribed time, be paid into the Bank of Ireland, and the vesting order shall be made, unless the Estates Commissioners, within the prescribed time, serve a notice on the person appearing to them to be the owner of the land that they do not intend to make the order.
|
