National Monuments (Amendment) Act, 1987

Acquisition of national monuments etc., by Commissioners.

6.—(1) The Commissioners may, with the consent of the Minister, acquire by agreement or compulsorily—

(a) any monument that is, in their opinion, a national monument,

(b) part of such a monument, or

(c) any land that is in the vicinity of such a monument and is intended to be used by them for the provision of facilities for persons having access to the monument under the National Monuments Acts, 1930 to 1987,

and the Commissioners may so acquire any such monument or land whether they or a local authority are or are not the guardians of the monument and whether a preservation order is or is not in force in regard thereto.

(2) The amount of the price or compensations to be paid by the Commissioners for any property acquired by them under this section shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , and that Act shall apply accordingly with any necessary modifications.

(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 (as adapted or amended by or under any subsequent enactment), shall apply, with any necessary modifications, to any price or compensation payable under this section and to the conveyance to the Commissioners of any property acquired under this section and, for the purposes of the application, the Commissioners shall be deemed to be the promoters of the undertaking and this Act shall be deemed to be the special Act.

(4) The price or compensation payable on the acquisition of property under this section shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

(5) The Commissioners shall not acquire under this section without the consent of the Irish Land Commission any property on or forming part of land subject to a land purchase annuity or the subject of a land purchase agreement or vested or in the course of being vested in the Irish Land Commission.

(6) Where any property acquired under this section is subject, either alone or in conjunction with other land, to a land purchase annuity, payment in lieu of rent or other sum payable periodically (and not being merely rent payable under a contract of tenancy) payable to the Irish Land Commission—

(a) the Commissioners shall as from the date on which they acquire, or enter on and take possession of, the land, whichever date is the earlier, become and be liable for payment to the said Commission of such periodical sum, or such portion thereof as shall be apportioned by the said Commission on the property, as if the property had been transferred to the Commissioners by the owner thereof on that date,

(b) the Commissioners shall be entitled, if they so think fit, to redeem the periodical sum or the portion thereof aforesaid, and

(c) the Commissioners shall be obliged, if required by the saidCommission so to do, to redeem the periodical sum or the portion thereof aforesaid.