Air-Raid Precautions Act, 1939

Acquisition of land by local authorities for purposes of air-raid precautions schemes.

17.—(1) A local authority may, for the purposes of an air-raid precautions scheme, do, with the consent of the Minister given after consultation with the Minister for Local Government and Public Health, all or any of the following things, that is to say:—

(a) acquire (either permanently or temporarily and either compulsorily or by agreement) any land wherever situate;

(b) acquire (either permanently or temporarily and either compulsorily or by agreement) any easement, or other right whatsoever existing over or in respect of any land or water, wherever situate.

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

(3) Before exercising any of the powers conferred on it by the immediately preceding sub-section, a local authority shall—

(a) in the case of the acquisition of any land, give at least seven days' or, if the land is an occupied dwelling house, twenty-eight days' previous notice in writing to the occupier of the land;

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

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

(5) Where a local authority 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, such local authority 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 such local authority.

(6) Where a local authority 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 payment (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission, such local authority shall become and be liable, as from the date on which it enters on and takes possession of the land so acquired, for the payment to the Irish Land Commission of such purchase annuity, payment in lieu of rent or other annual payment (not being merely a rent under a contract of tenancy) or such portion thereof as shall be apportioned by the Irish Land Commission on such land as if such land had been transferred to such local authority by the proprietor thereof on that date.

(7) Where a local authority acquires permanently under this section any land which is subject, either alone or in conjunction with other land, to a charge payable to the Commissioners of Public Works in Ireland such local authority shall become and be liable, as from the date on which it enters on and takes possession of the land so acquired, for the payment to the said Commissioners of such charge or such portion thereof as shall be apportioned by the said Commissioners on such land as if such land had been transferred to such local authority by the proprietor thereof on that date.