Land Act, 1936
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Compulsory acquisition of land vested in purchasers under the Land Act, 1923. |
38.—(1) Whenever the Land Commission— | |
(a) have, before the passing of this Act, published a notice of intention to declare that land which, at the date of such publication, was vested in a purchaser under the Land Act, 1923, or any Act amending or extending that Act was required for the relief of congestion, or | ||
(b) have, before the passing of this Act, given a certificate that land which, at the date of such certificate, was vested as aforesaid was required for the purpose of re-sale to the persons or bodies referred to in section 31 of the Land Act, 1923 , as amended by section 33 of the Land Act, 1933 , or | ||
(c) shall, after the passing of this Act, publish in the Iris Oifigiúil a certificate that land which is at the date of such publication vested as aforesaid and had been so vested for seven years before such publication is required for the relief of congestion or for the purpose of such re-sale as aforesaid, | ||
it shall be lawful and, in the case of any such notice or certificate so published or given before the passing of this Act, be deemed always to have been lawful for the Land Commission to declare the appointed day for such land. | ||
(2) When the Land Commission have (whether before or after the passing of this Act) declared under the foregoing sub-section of this section the appointed day for any land, such land shall vest and, where such declaration of the appointed day was made before the passing of this Act, be deemed to have vested in the Land Commission on the appointed day so declared as untenanted land. | ||
(3) Whenever the Land Commission have published or given (whether before or after the passing of this Act) any such notice or certificate as is mentioned in sub-section (1) of this section, the following provisions shall have effect and, where such notice or such certificate was so published or given after the passing of the Land Act, 1933 , and before the passing of this Act, be deemed to have had effect as from the date of such notice or certificate (as the case may be), that is to say:— | ||
(a) section 29 of the Land Act, 1933 , shall apply in relation to the land which is the subject of the said notice or certificate (as the case may be) so published or given as if such notice or certificate were such declaration as is mentioned in sub-section (1) of the said section 29 , and | ||
(b) section 32 of the Land Act, 1933 , shall apply in relation to the said land as if the said notice or certificate (as the case may be) so published or given were such certificate by the Lay Commissioners as is referred to in sub-section (1) of the said section 32 . |