Land Act, 1936
|
Power of the Land Commission to purchase sporting rights in certain cases. |
39.—(1) Where land has been vested (whether before or after the passing of this Act) in a purchaser under the Land Act, 1923 , or any Act amending or extending that Act and the sporting rights (other than fishing rights) on or over such land were not so vested, and the Lay Commissioners (other than the members of the Appeal Tribunal) are of opinion that it would be for the benefit of the country that such sporting rights should be acquired by the Land Commission and be vested in the proprietor of the said land as an appurtenance thereto, and such proprietor is willing to purchase such sporting rights, the said Lay Commissioners may make an order declaring the appointed day in respect of such sporting rights and vesting the same in the Land Commission at a price to be fixed by the said Lay Commissioners and paid in land bonds. | |
(2) Where land has been vested (whether before or after the passing of this Act) in a purchaser under the Land Act, 1923 , or any Act amending or extending that Act and the sporting rights (other than fishing rights) on or over such land were vested in such purchaser subject to a fee farm grant or lease, and the Lay Commissioners (other than the members of the Appeal Tribunal) are of opinion that it would be for the benefit of the country that the interest of the grantee or lessee under such fee farm grant or lease in such sporting rights should be acquired by the Land Commission and be vested in the proprietor of the said land, and such proprietor is willing to purchase the said interest, the said Lay Commissioners may make an order declaring the appointed day in respect of the said interest of such grantee or lessee in such sporting rights and vesting such interest in the Land Commission at a price to be fixed by the said Lay Commissioners and paid in land bonds. | ||
(3) Every order made under section 34 of the Land Act, 1933 declaring an appointed day and vesting sporting rights (other than fishing rights) in the Land Commission shall be made by the Lay Commissioners (other than the members of the Appeal Tribunal) subject to such appeal as is provided for by this section. | ||
(4) Every order made by the Lay Commissioners (other than members of the Appeal Tribunal) under section 34 of the Land Act, 1933 , or under this section declaring an appointed day and vesting sporting rights (other than fishing rights) or an interest in such sporting rights in the Land Commission and every order made by the said Lay Commissioners under this section fixing the price of such sporting rights or an interest in such sporting rights vested in the Land Commission under this section shall be final subject only to an appeal to the Appeal Tribunal on questions of law or value, and the decision of the Appeal Tribunal on any such appeal shall be final subject only to an appeal to the Supreme Court on questions of law. | ||
(5) The Land Bond Act, 1933 (No. 33 of 1933), or the Land Bond Act, 1934 (No. 11 of 1934), as the case may require, shall apply to land bonds created and issued by the Minister for Finance for the purchase of sporting rights (other than fishing rights) under section 34 of the Land Act, 1933 , or under this section in like manner as such Act applies to land bonds created and issued by the said Minister for the purposes of the Land Act, 1923 , or any of the Acts amending or extending that Act. |