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Power to restrain compulsory acquisition of land.
32 & 33 Vict. c. 42.
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62.—(1) If any person interested in the estate or untenanted land objects to the acquisition of the same under this Part of this Act on the ground—
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(a) that other land sufficient and equally suitable for the purposes for which the estate or untenanted land is proposed to be acquired is available for purchase by the Commissioners or Board, as the case may be, by voluntary agreement at a reasonable price; or
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(b) that the estate or untenanted land consists of or includes land in the occupation of the owner which is, or forms part of, a park, garden, pleasure ground, recreation ground, demesne, or home farm, or was purchased under the provisions of the Irish Church Act, 1869, for a sum not exceeding two thousand pounds; or
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(c) that the estate or untenanted land consists of or includes land which has been purchased under the Land Purchase Acts, or is the property of a local authority, or is held by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking; or
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(d) that, if the estate or untenanted land is acquired as proposed, other land of the owner adjoining the estate or untenanted land will be injuriously affected:
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he may, within the prescribed time and in the prescribed manner, apply to the Judicial Commissioner for an order restraining the Estates Commissioners from acquiring the estate or untenanted land, or any specified part or parts of the same under this Part of this Act.
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(2) The Judicial Commissioner shall hear in the prescribed manner and determine all applications coming before him under this Part of this Act, and for that purpose shall have and may exercise the powers conferred on the Land Commission by subsections (1), (3), and (4) of section forty-eight of the Act of 1881, and may, if the justice of the case so requires, amend the final offer by excluding therefrom any part or parts of the lands therein described, or (with the consent of the owner and the body by whom the final offer was sent) by including therein any other lands of the owner.
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(3) Where a final offer is amended by the Judicial Commissioner under this section, the body by whom the offer was sent may make such consequential amendments in the offer as appear to them to be necessary, and the offer as amended in pursuance of this section shall be deemed to be the final offer for the purpose of any subsequent proceedings under this Part of this Act.
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(4) There shall be an appeal to the court of appeal from any decision of the Judicial Commissioner under this section, and the decision of the court of appeal shall be final.
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(5) An order of the Judicial Commissioner or the court of appeal restraining the Estates Commissioners from acquiring land under this Part of this Act shall remain in force for five years after it is made.
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(6) The expression “owner” in this section means any person having power under the Land Purchase Acts to sell the estate or untenanted land.
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