Arterial Drainage (Amendment) Act, 1995
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Vesting orders. |
12.—(1) The Commissioners may, as respects land that is being compulsorily acquired by them under the Principal Act, complete the acquisition of such land by making an order under this section (in this section referred to as “a vesting order”) in relation to the land. | |
(2) The making of a vesting order shall not prejudice the right of any person to compensation under the Principal Act in respect of the land to which the order relates nor the application, by virtue of section 11 , of the Lands Clauses Acts in relation to that matter. | ||
(3) 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. | ||
(4) 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 or she ordinarily resides can be ascertained by the Commissioners by reasonable inquiries. | ||
(5) (a) 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. | ||
(b) Notwithstanding anything contained in paragraph (a), 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. | ||
(c) 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. | ||
(6) For the purposes of subsection (4) a copy of a vesting order may be given to the person concerned— | ||
(a) by delivering it to him or her, | ||
(b) by leaving it at the address at which the person ordinarily resides, or | ||
(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she 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 section “owner”, in relation to land, includes a reputed owner of the land. |