Land Act, 1939

Payments to the Land Commission on allocation where there is delay in obtaining possession.

13.—(1) Whenever the purchase money of lands, sporting rights (including fisheries and fishing rights), grazing rights, rights of turbary, or other rights resumed, purchased, or acquired by the Land Commission or the compensation for tenancies, easements, or rights extinguished by the Land Commission has been or is lodged (whether before or after the passing of this Act) to the credit of the relevant matter before the Land Commission has got or gets possession or user of the land, tenancy, easement, or right in respect of which the said purchase money or compensation was or is so lodged, the Land Commission shall, on the allocation of the said purchase money or compensation, be entitled to be paid out of the land bonds representing the said purchase money or compensation and the interest to credit on such land bonds the following moneys, that is to say:—

(a) all sums paid or payable by the Land Commission into the land bond fund in respect of the said land bonds during or in respect of the period from the issue of the said land bonds to the date on which the Land Commission got or gets possession or user of the land, tenancy, easement, or right;

(b) all sums which have, before such allocation, been paid by the Land Commission or which the Land Commission is, at the time of such allocation, or becomes thereafter liable to pay on foot of rates in respect of the said land, tenancy, easement, or right for the period from the date of the said lodgment of the said purchase money or compensation to the date on which the Land Commission got or gets possession or user of the said land, tenancy, easement, or right, such rates being deemed for this purpose to accrue from day to day, and

(c) all costs and expenses incurred by the Land Commission in getting possession or user (whether before or after the date of the said lodgment) of the said land, tenancy, easement, or right.

(2) All moneys payable to the Land Commission under this section on the allocation of purchase money or compensation shall be so payable in priority to all other payments except—

(a) payments under section 18 of the Land Act, 1927 , to a local authority on foot of arrears of rates in respect of the land, tenancy, easement, or right to which such purchase money or compensation relates, and

(b) sums payable in respect of the redemption of a purchase annuity charged on the said land, tenancy, easement, or right.