Land Act, 1933

Resumption of holdings.

31.—(1) Where the Land Commission propose to exercise their powers of resumption of a holding in whole or in part they shall give notice in the prescribed manner to the person appearing to be in occupation of the holding as tenant of their intention to resume the holding in whole or in part unless within the prescribed time a petition is presented to the Land Commission praying that the holding or the part thereof (as the case may be) be not resumed without further inquiry.

(2) If any such petition as aforesaid is presented, questions arising under it shall be considered and determined by the Lay Commissioners whose determination shall be final subject only to an appeal to the Appeal Tribunal on a question of law.

(3) If no such petition as aforesaid is presented, or if any such petition is presented and refused, the Lay Commissioners may certify that the holding or part thereof is required by the Land Commission in exercise of their powers of resumption and the court shall, upon the application of the Land Commission, authorise the resumption of the holding in whole or in part, as so certified to be required, and where the Lay Commissioners also certify that it is expedient that the holding should be available for immediate distribution, the court shall thereupon authorise the Land Commission to enter into possession of the holding, notwithstanding that the resumption price may not have been fixed, and in that case on the resumption price being fixed there shall be payable by the Land Commission to the person entitled thereto, interest on the resumption price at the rate per annum at which interest is payable on the issue of land bonds made in payment of the resumption price from the date on which the Land Commission went into possession of the holding to the date of the issue of the land bonds in payment of the resumption price.