Land Act, 1923


73.—(1) In this Act, unless the context otherwise requires, the expression “subsequent purchase agreements” means agreements entered into or deemed to have been entered into by or with the Land Commission on or after the date of the passing of this Act:

Provided that purchase agreements entered into at any time on the resale by the Land Commission of land purchased or agreed to be purchased, by the Irish Land Commission or the Congested Districts Board for Ireland, before the date of the passing of this Act, shall be treated as purchase agreements entered into before the date of the passing of this Act and not as subsequent purchase agreements.

(2) The expression “tenanted land” means land held under any contract of tenancy other than a fee farm grant, or lease renewable for ever for lives or years or lease for a term of years of which sixty or more are unexpired at the date of the passing of this Act, or a letting for the purpose of temporary depasturage, agistment or conacre, or for temporary convenience, or to meet a temporary necessity, and the expression “untenanted land” shall be construed accordingly:

Provided that where land has become tenanted land as above defined by reason of a contract of tenancy not being a renewal of a previous tenancy entered into on or after the first day of September nineteen hundred and twenty-two, then:—

(a) if the holding is in a congested districts county, the tenancy shall, if the Land Commission before the appointed day so declare, be deemed void as against the Land Commission and the holding shall vest in the Land Commission as untenanted land, and there shall be payable to the tenant such compensation as the Judicial Commissioner may declare him entitled to in respect of any sums he may have expended on improvements. Such compensation shall be payable in 4½ per cent. Land Bonds; and

(b) if the holding is situate elsewhere, the land shall be treated as tenanted land for the purpose of the provisions of this Act vesting tenanted land in the Land Commission, save as to the price thereof, but shall not be sold under this Act to the tenant unless the Land Commission certify that the creation of the tenancy was in the interests of the country. If the Land Commission so certify the price shall be ascertained as if the land was tenanted land, but if the Land Commission do not so certify the price shall be ascertained as if the land was untenanted land.

(3) The expression “the Land Purchase Acts” shall have the same meaning as in the Irish Land Act, 1909 , save that it shall, where the context so admits, include any subsequent Act now in force which is by its terms to be construed as one with the Land Purchase Acts and this Act, and the expression “the Land Law Acts” and “the Congested Districts Board (Ireland) Acts” shall have the same meaning as in the Irish Land Act, 1909 .

(4) The expression “relieving congestion” means the provision of land for the relief of a person or persons having an uneconomic holding or uneconomic holdings or for a person or persons whose holding or holdings has or have been acquired for the relief of persons having uneconomic holdings.