Public Health (Ireland) Act, 1878

Regulations as to purchase of land.

8 & 9 Vict. c. 18. s. 127.

203. With respect to the purchase of lands, or of any of the other properties aforesaid (herein included under the term “lands”), by a sanitary authority for the purposes of this Act, the following regulations shall be observed; (that is to say,)

(1.) The Land Clauses Acts shall be incorporated with this Act, except the provisions relating to access to the special Act and except section one hundred and twenty-seven of the Lands Clauses Consolidation Act, 1845:

(2.) The sanitary authority, before putting in force any of the powers of the said Land Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement, shall

Publish once at the least in each of three consecutive weeks in the month of November, in some newspaper or newspapers circulating in their district, an advertisement describing shortly the purposes in respect of which the lands are proposed to be taken, naming a place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the denominations and quantity of lands that they require; and shall further

Serve a notice in the month of December on every owner or reputed owner, lessee or reputed lessee, and occupier of such lands, defining in each case the particular lands intended to be taken, and requiring an answer stating whether the person so served assents dissents or is neuter in respect of the taking such lands:

(3.) On compliance with the provisions of this section with respect to advertisements and notices, and not sooner than fourteen days after the service of the last-mentioned notices, the sanitary authority may, if they think fit, present a petition under their seal to the Local Government Board. The petition shall state the lands intended to be taken and the purposes for which they are required, and the names of the owners lessees and occupiers of lands who have assented dissented, or are neuter in respect of the taking such lands, or who have returned no answer to the notice; it shall pray that the sanitary authority may, with reference to such lands, be allowed to put in force the powers of the Land Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Local Government Board requires:

(4.) On the receipt of such petition, and on due proof of the proper advertisements having been published, and notices served, the Local Government Board shall take such petition into consideration, and may either dismiss the same, or direct a local inquiry as to the propriety of assenting to the prayer of such petition; but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners lessees and occupiers thereof:

(5.) After the completion of such inquiry the Local Government Board may, by provisional order, empower the sanitary authority to put in force, with reference to the lands referred to in such order, the powers of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement or any of them, and either absolutely or with such conditions and modifications as the Board may think fit and it shall be the duty of the sanitary authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served:

Provided, that the notices by this section required to be given in the months of November and December may be given in the months of September and October, or of October and November, but in either of such last-mentioned cases an inquiry preliminary to the provisional order to which such notices refer shall not be held until the expiration of one month from the last day of the second of the two months in which the notices are given; and any notices or orders by this section required to be served on a number of persons having any right in, over, or on lands in common, may be served on any three or more of such persons on behalf of all such persons.