Local Government (Planning and Development) Act, 1963


Acquisition of Land, etc.

Appropriation of land to purposes of functions under this Act.

74.—(1) Where—

(a) land is vested in a planning authority otherwise than for the purposes of their functions under this Act, and

(b) the planning authority are satisfied that the land should be made available for those purposes,

the planning authority may, with the consent of the appropriate Minister, appropriate the land to any of those purposes.

(2) In subsection (1) of this section “the appropriate Minister” means—

(a) if the Ministerial functions relating to the land in question are vested in a single Minister other than the Minister—that Minister,

(b) if those functions are vested in two or more Ministers (neither or none of whom is the Minister)—such one of those Ministers as has, in relation to the land, the greater or greatest concern,

(c) in all other cases—the Minister.

(3) If, in relation to paragraph (b) of the foregoing subsection, any doubt as to which one of two or more Ministers has the greater or greatest concern, the doubt shall be determined by the Minister.