State Property Act, 1954

Chapter III.

Provisions in relation to certain rents payable to the State.

Apportionment of former crown rents.

13.—(1) If any land is liable, in conjunction with other lands, to any former crown rent, then, in case that land is sold under the Land Purchase Acts, the Judicial Commissioner of the Irish Land Commission or, in any other case, the Minister may by order apportion such former crown rent upon or amongst the several lands liable to the payment thereof, or upon or amongst any part or parts of those lands in exoneration of the remainder thereof, or may charge the whole of any such former crown rent on any part of the lands charged therewith in exoneration of the remainder of those lands.

(2) For the purpose of apportionment or exclusive charge under this section, when any former crown rent or any portion thereof has been for a period of not less than twenty years, or is under the provisions of any contract, paid in respect of any land, such former crown rent, or portion thereof, as the case may be, shall be deemed to be charged on that land whether originally so charged or not.

(3) Every apportionment or exclusive charge under this section shall be binding on the State and on every person, and the apportioned part of any former crown rent or any former crown rent so exclusively charged, shall thenceforth issue out of and be chargeable upon the land whereon the same may be apportioned or exclusively charged.

(4) No apportionment or exclusive charge under this section shall in any manner prejudice or affect any reversion or remainder of the State in any land originally charged with any former crown rent so apportioned or exclusively charged.

(5) The Judicial Commissioner of the Irish Land Commission may make rules in relation to the jurisdiction conferred on him by this section.

(6) (a) An appeal shall lie to the High Court against any order made by the Minister under this section.

(b) The jurisdiction conferred on the High Court by this subsection shall be exercised by a judge of the High Court nominated by the President of the High Court for the purpose.