Liffey Reservoir Act, 1936

Powers of the Board in relation to the acquisition of land.

8.—(1) For the purposes of the Liffey undertaking and of the performance by the Board of the obligations imposed on it by the Scheduled Agreement or of either of those purposes, the Board may do all or any of the following things, that is to say:—

(a) acquire any lands or premises either permanently or temporarily and either compulsorily or by agreement;

(b) acquire (either permanently or temporarily and either compulsorily or by agreement) any easement, way-leave, water right, fishing right, or other right whatsoever over or in respect of any lands, premises, or water;

(c) terminate, restrict, or otherwise interfere with (either permanently or temporarily and either compulsorily or by agreement) any easement, way-leave, water right, fishing right, or other right whatsoever existing over or in respect of any lands, premises, or water;

(d) compulsorily divert, close, remove, submerge, or otherwise interfere with (either permanently or temporarily and either compulsorily or by agreement) any public or private road, way, or bridge, or any canal or other artificial water-way or any artificial water-course;

(e) interfere with any lands or premises either compulsorily or by agreement.

(2) At any time after the passing of this Act and before conveyance or ascertainment of price or compensation, but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or premises or the owner of the easement or other property or right affected, the Board and every contractor authorised so to do by the Board may enter on and take possession of any lands or premises or exercise any right which the Board is authorised by this section to acquire compulsorily, or may terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this section compulsorily to terminate, restrict, or interfere with, or may divert, close, remove, or otherwise interfere with any road, way, bridge, water-way, or water-course which the Board is authorised by this section compulsorily to divert, close, remove, or interfere with.

(3) Whenever the Board under this section enters on and takes possession of any lands or exercises any right (as the case may be) before payment of the price or compensation, the Board shall pay to the occupier of the lands or owner of the easement or other right affected (as the case may be) interest on the amount of such price or compensation when fixed at the rate of four pounds per cent. per annum from the date of such entry and taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Board.

(4) Whenever the Board acquires permanently under this section any 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 rent under a contract of tenancy) payable to the Land Commission, the Board shall become and be liable, as from the date on which the Board enters on and takes possession of the land so acquired, for the payment to the Land Commission of such annual sum or such portion thereof as shall be apportioned by the Land Commission on such land as if such land had been transferred to the Board by the proprietor thereof on that date.

(5) Whenever the Board is of opinion that the payment of compensation for the flooding of or other interference with any lands or premises under this section would be uneconomic or for any other reason inexpedient, the Board may acquire permanently such lands or premises under this section either compulsorily or by agreement.

(6) A notice under this section may be served on any person by sending such notice by registered post addressed to such person at his usual or last known address or, in the case of a notice to the occupier of any lands or premises, at such lands or premises.

(7) A notice under this section to the occupier of any lands or premises may be addressed to such occupier by the description “the occupier” without stating his name.