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Transfer of land
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38. (1) The Minister may by order, transfer, without conveyance or assignment, to Shannon Commercial Enterprises, at any time after the Shannon Commercial Enterprises transfer day, all or any lands in the vicinity of Shannon Airport, or property other than land, vested in the Minister and used or intended to be used by Shannon Commercial Enterprises in the performance of its functions.
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(2) Subsection (1) does not operate to vest in Shannon Commercial Enterprises any minerals or any rights of mining or taking minerals.
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(3) Every lease, licence, wayleave or permission granted by the Minister in relation to land, or property other than land, transferred under this section to Shannon Commercial Enterprises, and in force immediately before the transfer, continues in force as if granted by Shannon Commercial Enterprises.
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(4) The Minister may on his or her own initiative, and shall on the application of Shannon Commercial Enterprises, issue a certificate in respect of either specified land or specified property, or both, certifying as he or she thinks proper, that the land or property, or both, vested in Shannon Commercial Enterprises did so vest and the certificate shall be conclusive evidence of the facts so certified.
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(5) Upon the transfer of land to Shannon Commercial Enterprises under subsection (1) all choses-in-action in respect of that land, which immediately before that day were vested in the Minister, shall stand vested in Shannon Commercial Enterprises without any conveyance or assignment.
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(6) Every chose-in-action vested in Shannon Commercial Enterprises by virtue of subsection (5) may, as on and from the transfer made under subsection (1) , be sued on, recovered or enforced by Shannon Commercial Enterprises in its own name and it shall not be necessary for Shannon Commercial Enterprises or the Minister to give notice to the person bound by the chose-in-action of the vesting effected by that subsection.
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(7) In this section “transfer” in respect of land or property other than land means the transfer, sale or lease of such, with or without consideration.
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