S.I. No. 11/1965 - Transport Act, 1950 (Compulsory Acquisition of Land) Order, 1965.


S.I. No. 11 of 1965.

TRANSPORT ACT, 1950 (COMPULSORY ACQUISITION OF LAND) ORDER, 1965.

WHEREAS Córas Iompair Éireann (in these recitals and this Order hereinafter called "the Board") has applied to the Minister for Transport and Power (hereinafter called "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 and duties:

AND WHEREAS the Board by direction of the Minister has prepared a plan (in these recitals and this Order hereinafter called "the deposited plan") and has deposited the deposited plan (bearing the heading "Plan Deposited by Córas Iompair Éireann with the Department of Transport and Power in connection with the Transport Act, 1950 (Compulsory Acquisition of Land) Order, 1964, and referred to in that Order as the deposited plan") at the offices of the Department of Transport and Power in Kildare Street, Dublin 2, and has also made a copy of the deposited plan available for inspection, by any person interested, at the offices of the Secretary of the Board at Kingsbridge Station, Dublin 8, during the period of thirty days beginning on the date of the last publication of the notice referred to in the next recital:

AND WHEREAS the Board has published such notice of the nature of the said proposed Order as the Minister has directed:

AND WHEREAS the Board has furnished to the Irish Land Commission particulars of the land to which the said proposed Order relates:

AND WHEREAS the Minister has had regard to the objections and representations furnished to him in relation to the making of the said proposed Order:

NOW, therefore, I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 17 of the Transport Act, 1950 (No. 12 of 1950), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby order as follows:

1. This Order may be cited as the Transport Act, 1950 (Compulsory Acquisition of Land) Order, 1965.

2. The Board is hereby authorised to acquire compulsorily for the purpose of the exercise of its powers and duties the land shown within the red verge line on the deposited plan and lying between Conyngham Road and the river Liffey in the county borough of Dublin.

3. (1) Compensation shall be paid by the Board to the several persons having estates or interests in the land 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.

4. The Lands' Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be incorporated in this Order subject to the following modifications:—

(a) the Board shall be deemed to be the promoter, and the Minister shall be deemed to be the confirming authority, for the purposes of the Lands' Clauses Acts as so amended;

(b) the Board shall be deemed to be the local authority for the 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 22nd day of January, 1965.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE

The effect of the Instrument is to enable C.I.E. to acquire compulsorily certain properties adjoining the Board's Omnibus Garage at Conyngham Road, Dublin for the purpose of extending the garage buildings and providing additional facilities.