Industrial Alcohol Act, 1938

Acquisition of land, etc., by the Company.

23.—(1) The Company may for the purposes of the business of the Company do, with the consent of the Minister, all or any of the following things, that is to say:—

(a) compulsorily acquire any land;

(b) compulsorily acquire any easement, way-leave, water-right, fishing right, or other right whatsoever existing over or in respect of any land or water.

(2) The Company may for the purposes of the laying down and maintenance of pipe-lines do, with the consent of the Minister, either or both of the following things, that is to say:—

(a) compulsorily acquire any land;

(b) compulsorily acquire any right over or in respect of any land or water.

(3) The Company shall not acquire under this section any land or any right over or in respect of any land held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity, or other public undertaking.

(4) At any time after the passing of this Act and before conveyance or ascertainment of compensation the Company may, subject to the provisions of this section, enter on and take possession of any land, or exercise any right which the Company is authorised by this section to acquire compulsorily.

(5) Before exercising any of the powers conferred on it by the immediately preceding sub-section, the Company shall—

(a) in the case of the acquisition of any land, give at least one month's or, if the land is an occupied dwelling house, three months' previous notice in writing to the occupier of the land;

(b) in any other case, give at least one month's notice in writing to the owner of the right or other property affected.

(6) Every notice under this section shall be accompanied by a plan showing fully and clearly the land or right to which the notice relates.

(7) Where the Company under this section enters on and takes possession of any land or exercises any right (as the case may be) before payment of the compensation, the Company shall pay to the occupier of the land or owner of the easement or other right affected (as the case may be) interest on the amount of such 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 conveyance to the Company.

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

(9) 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 land, at such land.

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