S.I. No. 17/1956 - Transport Act, 1950 (Compulsory Acquisition of Land) Order, 1956.

S.I. No. 17 of 1956.

TRANSPORT ACT, 1950 (COMPULSORY ACQUISITION OF LAND) ORDER, 1956.

WHEREAS by an Order entitled the Transport Act, 1950 (Additional Powers) Order, 1955 ( S.I. No. 214 of 1955 ), the Minister for Industry and Commerce has empowered Córas Iompair Éireann to lay down, make and maintain a railway and railway line in the lines and according to the levels shown on certain plans and sections which are referred to in the said Order as " the deposited plans " and copies of which have been deposited with the County Registrar of the County of Limerick pursuant to Article 3 of the said Order :

AND WHEREAS Córas Iompair Éireann has applied to the Minister to authorise it by Order under section 17 of the Transport Act, 1950 , to acquire compulsorily the land hereinafter specified for the purpose of the exercise of its powers under the said recited Order :

NOW, I, BRENDAN CORISH, Acting Minister for Industry and Commerce, in exercise of the powers conferred on me by Section 17 of the Transport Act, 1950 (No. 12 of 1950), hereby order as follows :

1. This Order may be cited as the Transport Act, 1950 (Compulsory Acquisition of Land) Order, 1956.

2. In this Order—

" the Additional Powers Order " means the Transport Act, 1950 (Additional Powers) Order, 1955 ;

" the Board " means Córas Iompair Éireann ;

" the deposited plans " means the copies of the plans and sections deposited with the County Registrar of the County of Limerick pursuant to Article 3 of the Additional Powers Order.

3. Subject to the provisions of Article 4 of this Order the Board is hereby authorised to acquire compulsorily the land situate within the limits of deviation as shown on the deposited plans for the purpose of the exercise of its powers under the Additional Power Order.

4. The Board shall not acquire in the townlands of Dooradoyle and Ballykeefe any land situate more than thirty feet from the centre line of the railway between chainage points 2,900 and 6,800 as shown and delineated on sheet No. 6 of the deposited plans.

5.—(1) Compensation shall be paid by the Board to the several persons having estates or interests in the lands to which this Order relates.

(2) Any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and, for this purpose, the Board shall be deemed to be a public authority within the meaning of the said Act.

6. The Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be incorporated with this Order subject to any necessary adaptation and to the following modifications :—

(a) the Board shall be deemed to be the promoter for the purposes of the Lands Clauses Acts ;

(b) the Board shall be deemed to be the local authority for the purposes of the Second Schedule to the Housing of the Working Classes Act, 1890 ;

(c) this Order shall be deemed to be the Special Act.

GIVEN under my Official Seal, this 10th day of February, 1956.

BRENDAN CORISH,

Acting Minister for Industry and Commerce.