Local Government (Ireland) Act, 1898

Powers of county council as to acquisition of land or easements.

41 & 42 Vict. c. 52.

48 & 49 Vict. c. 77.

41 & 42 Vict. c. 52.

10.(1) A county council, for the purpose of [1] any of their powers and duties, may acquire, purchase, take on lease or exchange, any land or any easements or rights over or in land, whether within or without their county, including rights to water, and may acquire, hire, erect, and furnish such halls, buildings, and offices as they require, whether within or without their county, and for the purpose of this section section two hundred and three of the Public Health Act, 1878, shall apply with the necessary modifications, and in particular with the modification that the advertisements mentioned in sub-section two of the said section may be published in any month, and that the notice mentioned in the said sub-section shall be served in the next succeeding month.

(2) A county council shall not take or use any such land, easements, or rights, without either the consent of the owner and occupier or the authority of a provisional order duly confirmed, and where the order does not affect demesne land, it may be confirmed without the authority of Parliament in manner provided by section twelve of the Labourers (Ireland) Act, 1885, and that section and any enactment amending the same shall apply, with the necessary modifications.

(3) Where a county council desire for the purpose of the work of widening an old road, or making a new road, to acquire otherwise than by agreement any land other than demesne land or pleasure ground or than land situate in a borough or town, they may, if they think fit, notwithstanding anything in the foregoing provisions of this section, proceed as follows, namely:—

(a) Publish such advertisement and serve such notice on the owner or reputed owner, lessee or reputed lessee, and occupier, of the land as may be prescribed by the Local Government Board, and within the prescribed time petition the judge of assize for an order authorising the council to put into force with reference to such land the powers of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement;

(b) The judge of assize, on due proof of the prescribed advertisements having been published and prescribed notices served, shall, unless there is an application as hereinafter mentioned, make an order in accordance with the prayer of the petition;

(c) Any person interested in the said land on whom the said notice is required as aforesaid to be served and who objects to the land being acquired by the county council, and any owner or reputed owner, lessee or reputed lessee, or occupier, of any land who alleges that such land will be injuriously affected by the said work, and also any ratepayer in the county may, within such time after the publication of the said notices as is fixed by rules of court, apply to the judge of assize to refuse the order upon the said petition, and the judge shall hear such application and determine all questions of law and fact arising thereon, and in particular the question whether the said work is of public utility, and of such importance to the public as to justify the compulsory acquisition of the land;

(d) Any decision by the judge upon the hearing of such application, whether making or refusing the order, shall be subject to appeal by any party to the proceedings before the judge of assize to the Lord Lieutenant in Council within the time fixed by rules of court, and the appeal shall be heard by a committee of the Privy Council (which shall be styled the Judicial Committee), consisting of such members thereof as are or have been judges of the Supreme Court, who, or a quorum of whom consisting of not less than three, shall advise the Lord Lieutenant thereon;

Provided that, with the consent of the parties, the judge of assize may state a case for the opinion of the Court of Appeal upon any question of law, and in such case no appeal shall lie to the Lord Lieutenant in Council.

(e) The judge of assize and Lord Lieutenant in Council and the Court of Appeal may respectively award such costs to be paid by or to parties to any proceedings under this section as appear just;

(f) Rules of court regulating the practice and procedure and costs respecting the petitions to and proceedings before the judge of assize under this section, and appeals from such judge to the Lord Lieutenant in Council, and cases stated, may be made by the authority having power to make rules of court for the Supreme Court;

(g)[1] An order under this section granting in whole or in part the prayer of the petition, whether made by the judge of assize or by the Lord Lieutenant in Council upon appeal from that judge, shall have effect as if it were a provisional order under section two hundred and three of the Public Health Act, 1878, duly confirmed, and upon any land being taken under the order, the compensation for the same to be paid by the county council shall, in the absence of agreement, be determined by an arbitrator appointed by the Local Government Board, or if the parties so agree, be determined by the judge of assize, either with or without a jury, according to the agreement;

(h) The foregoing provisions with respect to the acquisition of any land for the purpose of widening an old road, or making a new road, shall apply to the acquisition of any easement or right over land in like manner as if it were land.

[1 Including the establishment of hospitals or dispensaries for tuberculosis, see 8 Edw. 7. c. 56, s. 4 (3).]

[1 As to determination of compensation, see 2 Edw. 7. c. 38, s. 1.]