Turf (Use and Development) Act, 1936

General power of the Minister to purchase land for the Board.

22.—(1) The Minister may, if and whenever he so thinks proper on the recommendation of the Board, purchase by agreement or compulsorily from any person for and on behalf of the Board any land which is required by the Board for all or any of the following purposes, that is to say, the production, the preparation for sale, or the storage of turf, or any purpose ancillary to such production, preparation, or storage.

(2) Every officer of the Board authorised in that behalf in writing by the Minister is hereby authorised and empowered to enter on any land which is required by the Board under this section for the purpose of making thereon any inquiry, investigation, or examination preliminary or incidental to the purchase of such land by the Minister.

(3) The following provisions shall have effect in relation to every purchase (whether by agreement or compulsorily) of land by the Minister under this section, that is to say:—

(a) the price to be paid by the Minister for such land shall, in default of agreement, be assessed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919;

(b) in assessing (whether by agreement or under the next preceding paragraph of this sub-section) the said price, no regard shall be had to, nor any enhancement of price allowed for, any improvements executed on such land with moneys paid or advanced out of the Central Fund or out of moneys provided by the Oireachtas;

(c) such land shall be conveyed to the Board;

(d) sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to the said price and to the conveyance of such land to the Board, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking;

(e) the said price shall be provided and paid by the Board;

(f) at any time before assessment of such price or conveyance of such land to the Board, but subject to giving not less than one month's or, in the case of an occupied dwelling-house, three months' previous notice in writing to the occupier of such land, the Board may, with the consent of the Minister, enter on and take possession of such land, but in every such case the Board shall pay to such occupier interest on the amount of such price when assessed at the rate of four per cent. per annum from the date of such entry to the date of payment of such price;

(g) the Board shall defray all the costs and expenses of the Minister of or incidental to such purchase, including all costs and expenses of the vendor of such land lawfully payable by the Minister.

(4) In this section (except this sub-section) the word “land” includes any easement, profit a prendre, or other right over or in relation to any land, and the powers of purchase and of entry and taking possession conferred by this section shall extend to the purchase of any such right (whether in conjunction with or apart from the purchase of land) and to the exercise of such right, and for that purpose references to the occupier of such land shall include the owner of such right.