Land Act, 1939

Redemption of drainage maintenance charges.

51.—(1) Notwithstanding anything contained in section 16 of the Irish Land Act, 1903 , or any other enactment—

(a) on the allocation after the passing of this Act of the purchase money of any land whether tenanted or untenanted vested in the Land Commission either before or after the passing of this Act, any drainage maintenance charge affecting the interest of the proprietor of such land at the date of the vesting thereof in the Land Commission shall, unless such proprietor is also the purchaser of such land, be redeemed out of such purchase money, and

(b) on the allocation of the resumption price of any holding resumed by the Land Commission either before or after the passing of this Act, any drainage maintenance charge affecting the interest of the proprietor of such holding at the date of resumption thereof by the Land Commission shall be redeemed out of such resumption price.

(2)—The redemption price of a drainage maintenance charge shall be payable to the Commissioners of Public Works whose receipt shall be good and sufficient discharge therefor and, where such drainage maintenance charge is a charge on the funds of the council of a county or a county borough, the said Commissioners shall, by order under their common seal, specify and make the amendments in the charging order by virtue of which such drainage maintenance charge arises as are in their opinion appropriate having regard to the redemption of such drainage maintenance charge.

(3)—In this section the word “proprietor” has the same meaning as that word has in the Drainage Maintenance Acts, 1866 and 1924.

(4)— Section 45 of the Land Act, 1936 , is hereby repealed.