National Monuments Act, 1930

Acquisition of national monuments by the Commissioners.

11.—(1) The Commissioners may, with the consent of the Minister, acquire compulsorily or by agreement any national monument which they consider it expedient to acquire, and the Commissioners may so acquire a national monument whether they or a local authority are or are not the guardians thereof and whether a preservation order is or is not in force in regard thereto.

(2) For the purpose of the acquisition of a national monument by the Commissioners under this section the Lands Clauses Acts shall be incorporated with this Act subject to the following modifications, that is to say:—

(a) the provisions relating to the sale of superfluous land and access to the special Act and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845 , shall not be incorporated with this Act, and

(b) in the construction of this Act and the incorporated Acts, this Act shall be deemed to be the special Act and the Commissioners shall be deemed to be the promoters of the undertaking, and

(c) the bond required by section 85 of the Lands Clauses Consolidation Act, 1845 , shall be under the common seal of the Commissioners and shall be sufficient without the addition of the sureties mentioned in that section, and

(d) the rules contained in section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919 , shall apply with the modifications that in the application of rule (2) of those rules the value on a sale for export shall not be taken into consideration and accordingly the expression “sold in the open market” in that rule shall be construed as referring only to a sale for retention in Saorstát Eireann, and that no allowance shall be made for personal sentimental association.

(3) The price or compensation payable on the acquisition of a national monument under this section and the expenses incurred by the Commissioners in relation to such acquisition shall, to such extent as shall be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

(4) The Commissioners shall not acquire under this section without the consent of the Irish Land Commission any national monument on or forming part of land subject to a land purchase annuity or the subject of a land purchase agreement or vested or in course of being vested in the Irish Land Commission.