Transport Act, 1950

Compulsory acquisition of land.

17.—(1) The Minister may, if and whenever he thinks fit, on the application of the Board, by order (in this section referred to as an acquisition order) authorise the Board for the purpose of the exercise of its powers and duties to acquire compulsorily such land as may be specified in the order.

(2) An acquisition order—

(a) shall provide for the payment of compensation by the Board to the several persons having estates or interests in the land to which the order relates and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and, for this purpose, the Board shall be deemed to be a public authority within the meaning of the said Act.

(b) may incorporate all or any of the provisions of the Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper.

(3) An acquisition order shall have statutory force and effect.

(4) Whenever the Minister proposes to make an acquisition order—

(a) the Board shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order,

(b) such notice shall contain an intimation that objections and representations in relation to the proposed order may be furnished in writing to the Minister during a specified period,

(c) in making the order, the Minister shall have regard to the objections and representations (if any) furnished as aforesaid.

(5) (a) Where an acquisition order is made in relation to any land, the Board may, subject to the subsequent provisions of this subsection and before conveyance or ascertainment of compensation, enter on and take possession of the land.

(b) The Board shall not enter on or take possession of any land under paragraph (a) of this subsection without giving to the occupier thereof at least one month's or, in the case of an occupied dwelling house, three months' previous notice in writing of its intention.

(c) A notice under paragraph (b) of this subsection may be given to any person by sending it by prepaid post in an envelope addressed to that person at his usual or last known address.

(d) Where the Board in exercise of its powers under paragraph (a) of this subsection enters on and takes possession of any land any compensation payable in respect of that land to the person who would, from time to time be entitled to occupy it, if the Board had not exercised those powers, shall bear interest at the rate of three per cent. per annum from the date of entry until payment of the compensation.

(6) Whenever the Minister proposes to make an acquisition order in relation to any land the Board shall furnish to the Irish Land Commission particulars of the land to which the proposed acquisition order relates.