Bagwell v Tipperary (S.R) County Council

• Jurisdiction: Ireland
• Judgment Date: 15 July 1966
• Date: 15 July 1966
• Docket Number: (1965. No. 62 Sp.)
• Court: High Court

(H.C.)

Bagwell and Others

and

Tipperary (South Riding) County Council

Land not selected "with due regard to the general situation and convenience of the owner's property so as to diminish the value thereof as little as possible" -Order ultra vires - Labourers (Ireland) Act, 1883, s. 6 - Labourers (Ireland) Act, 1886, s. 3 -Labourers (Ireland) Act, 1892, s. 3 - Local Government (Ireland) Act, 1898, s. 110 (2); Sch.6, Part 6 - Labourers (Ireland) Act, 1906, s. 25 -Housing (Financial and Miscellaneous Provisions) Act, 1932, s. 20 - Housing (Amendment) Act, 1948, s. 43.

Where a local authority proceeds to acquire lands under the Labourers Acts, 1883 to 1965, section 6 of the Act of 1883 imposes a restriction on the local authority as to the lands which they may acquire and a failure by them to observe its provisions has the result that the order is not authorised by the Acts and is not, therefore, within the power of the Acts. So held by Kenny J. The State (Healy) v. Sligo Board of HealthIR [1935] I.R. 740; Price v. Leitrim Board of HealthIR [1941] I.R. 123 followed. Connolly v. Meath County CouncilDLTR (1955) 89 I.L.T.R. 87, not followed. Per Kenny J.—"A compulsory purchase order made by a local authority and...