National Monuments (Amendment) Act, 1994

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SCHEDULE

Compulsory Acquisition of Land

Section 11 .

1. (1) Where the Commissioners propose to acquire any land compulsorily under this Act, they shall—

(a) deposit for a period of not less than two months in a Garda Síochána station in the district in which the land is situated a map or plan of the land and make the map or plan available there for inspection by members of the public at all reasonable times,

(b) publish a notice stating their intention to acquire the land compulsorily under this Act in a newspaper circulating in that district,

(c) before publishing the notice aforesaid, in case all the land proposed to be acquired is in the occupation of the same person or persons, post a notice stating their intention to acquire the land compulsorily on or near the land and, in any other case, post such notice on or near the land of each occupier, and

(d) give a copy of the notice referred to in clause (c) of this subparagraph to—

(i) every (if any) occupier of the land, and

(ii) every (if any) owner of the land,

whose name and the address at which he ordinarily resides can be ascertained by the Commissioners by reasonable inquiries.

(2) The notices referred to in subparagraph (1) of this paragraph—

(a) shall be in the prescribed form,

(b) shall, if they do not contain a map or plan of the land to which they refer, state that a map or plan of the land is deposited in a Garda Síochána station aforesaid and may be inspected there by members of the public at all reasonable times,

(c) shall state that an objection by any occupier or owner of the land to the acquisition of the land may be submitted to the Commissioners, and

(d) shall state the time within which an objection aforesaid may be submitted to the Commissioners.

2. (1) The occupier or any owner of land in respect of which a notice under paragraph 1 (1) (b) of this Schedule has been published may, within two months after the date of such publication, submit to the Commissioners an objection in writing to the proposed compulsory acquisition referred to in the notice.

(2) An objection under subparagraph (1) of this paragraph may be withdrawn by the person who submitted it by notice in writing sent to the Commissioners or to the Minister.

(3) (a) Where, in relation to the proposed compulsory acquisition of land under this Act, an objection is submitted to the Commissioners in accordance with subparagraph (1) of this paragraph and is not withdrawn, the objection shall be considered by the Minister and the land shall not be acquired compulsorily without the consent of the Minister and the Minister for Finance.

(b) Where a public right of way exists over land proposed to be compulsorily acquired under this Act, the land shall not be acquired compulsorily without the consent of the Minister and the Minister for Finance.

(4) An application by the Commissioners for the consent of the Minister and the Minister for Finance to the compulsory acquisition of land under this Act shall be accompanied by—

(a) a copy of any objection concerned under subparagraph (1) of this paragraph,

(b) a copy of the newspaper containing the notice specified in paragraph 1 (1) (b) of this Schedule,

(c) a copy of the notice specified in paragraph 1 (1) (c) of this Schedule, and

(d) a copy of the map or plan of the land deposited in pursuance of paragraph 1 (1) (a) of this Schedule,

and the Commissioners shall furnish to the Minister and the Minister for Finance such other information in relation to the acquisition as the said Ministers may require.

(5) On an application under subparagraph (4) of this paragraph in relation to land—

(a) in case the Minister is of the opinion that the provisions of paragraph 1 of this Schedule have not been complied with in relation to the land or part of the land, he shall refuse to grant his consent to the compulsory acquisition of the land or, as the case may be, refuse to grant his consent to the compulsory acquisition of the part and grant his consent to the acquisition of the remainder of the land,

(b) in any other case, the Minister and the Minister for Finance shall grant or refuse their consent to the compulsory acquisition of the land within four months of the date of the application by the Commissioners to the Minister under subparagraph (4) of this paragraph and, if the consent is not granted or refused within four months of the application, it shall be deemed to have been refused.

3. (1) Where, in relation to any land in respect of which the provisions of paragraph 1 of this Schedule have been complied with—

(a) no objection is submitted to the Commissioners in accordance with paragraph 2 of this Schedule,

(b) any objection which is submitted as aforesaid is subsequently withdrawn, or

(c) the said Ministers give their consent to the compulsory acquisition thereof by the Commissioners,

the Commissioners may by order (in this Schedule referred to as “a vesting order”) acquire the land.

(2) Where the Commissioners, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to any charge for estate duty, succession duty or inheritance tax payable to the Revenue Commissioners on the death of any person, the Commissioners shall forthwith inform the Irish Land Commission or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) Whenever the Commissioners make a vesting order, they shall within 14 days after making the order—

(a) in case all the land comprised in the vesting order is in the occupation of the same person, or persons, post a notice containing a copy of the order on or near the land and, in any other case, post such notice on or near the land of each occupier, and

(b) give a copy of the order to—

(i) every (if any) occupier of the land, and

(ii) every (if any) owner of the land,

whose name and the address at which he ordinarily resides can be ascertained by the Commissioners by reasonable inquiries.

4. (1) A vesting order shall be in the prescribed form and shall be expressed and shall operate to vest the land to which it relates in the Commissioners in fee simple free from encumbrances and all estates, rights, easements, titles and interests of any kind over or in respect of the land on a specified date not earlier than 21 days after the making of the order.

(2) Notwithstanding anything contained in subparagraph (1) of this paragraph, where the Commissioners acquire by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission, the Commissioners shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission of the purchase annuity, payment in lieu of rent or annual sum or such portion thereof as shall be apportioned by the Irish Land Commission on the land as if the land had been transferred to the Commissioners by the owner thereof on that date.

(3) When the Commissioners make a vesting order in relation to land, they shall send the order to the registering authority under the Registration of Title Act, 1964 , and thereupon the registering authority shall cause the Commissioners to be registered under that Act as owners of the land in accordance with the order.

5. (1) Where, immediately before a vesting order is made by the Commissioners, any person has any estate, right, easement, title or interest of any kind in, over or in respect of the land acquired by the order, the person may apply to the Commissioners at any time after the making of the order for compensation in respect of the estate, right, easement, title or interest and the Commissioners shall thereupon pay to the person compensation in respect of the estate, right, easement, title or interest together with interest at such rate as the Minister for Finance may determine, from time to time, on the amount from that date to the date of payment thereof.

(2) The amount of any compensation to be paid under this paragraph shall be determined under and in accordance with the Lands Clauses Acts and, for the purposes of these Acts, the Commissioners shall be deemed to be the promoter of the undertaking and this Act and the vesting order concerned shall be deemed to be the special Act; and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this Act.

6. A document referred to in paragraph 1 (1) (d) or paragraph 3 (3) (b) of this Schedule may be given to the person concerned—

(a) by delivering it to him,

(b) by leaving it at the address at which the person ordinarily resides, or

(c) by sending it by post in a pre-paid registered letter addressed to the person at the address at which he ordinarily resides or, in the case of a company (within the meaning of the Companies Act, 1963 ) at its registered office or, in the case of any other body, at its principal office or place of business.

7. In this Schedule—

“Commissioners” means the Commissioners of Public Works in Ireland and references to the Commissioners include references to their servants and agents;

“land” includes any monument or any right, easement, title or interest in, over or in respect of any monument or land;

“owner”, in relation to land, includes a reputed owner of the land;

“prescribed” means prescribed by regulations made by the Minister with the consent of the Minister for Finance.