Acquisition of Land (Allotments) Act, 1926

Acquisition of land compulsorily.

4.—(1) When a local authority after making all reasonable efforts has failed to acquire by agreement under this Act any or a sufficient quantity of land (including land required to provide means of access) suitable for allotments such local authority may resolve to acquire such land compulsorily and may thereupon, subject to the provisions of this section, acquire land either within or outside their area for the purposes of this Act in like manner as if those purposes were purposes of the Public Health (Ireland) Act, 1878 , and, so far as the same are applicable having regard to the express provisions of this Act, sections 202 and 203 of that Act as amended by subsequent Acts and modified by the Second Schedule to the Housing of the Working Classes Act, 1890, and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and section 68 of the Local Government Act, 1925 (No. 5 of 1925), shall apply accordingly to the compulsory acquisition of land by a local authority for the purposes of this Act.

(2) Land compulsorily acquired by a local authority for the purposes of this Act shall be so acquired only for a term of years not exceeding five years and at such rent and subject to such terms and conditions and to the payment of such compensation as, in default of agreement, shall be fixed by the Irish Land Commission.

(3) For the purpose of fixing the rent, terms, conditions, and compensation mentioned in the foregoing sub-section the Irish Land Commission shall have and exercise all the duties and powers conferred on them by sections 2 to 11 of the Labourers (Ireland) Act, 1885, and those sections shall apply accordingly as if the purposes of this Act were purposes of that Act but with such modifications as may be necessary and in particular with the modification that the said rent, terms, conditions, and compensation shall be fixed in like manner as the standard purchase annuity for non-judicial rents, is, in default of agreement, fixed under Part II . of the First Schedule to the Land Act, 1923 (No. 42 of 1923).

(4) Every petition presented by a local authority to the Minister for the compulsory acquisition of land for the purposes of this Act shall contain or be accompanied by a statement of—

(a) the total amount and the particulars of the estimated cost of the acquisition of the land, and

(b) the works proposed to be executed on the land to make the same suitable for letting in allotments and the total amount and the particulars of the estimated cost of such works, and

(c) the rents proposed to be charged for allotments on the land.