Dunraven Limerick Estates Company v Commissioners of Public Works
Jurisdiction | Ireland |
Judgment Date | 21 December 1974 |
Date | 21 December 1974 |
Docket Number | [1969. No. 1411 P.] |
Court | Supreme Court |
Scheme - Particulars - Arterial drainage - Whether landowners given sufficient information - Whether scheme invalid - Arterial Drainage Act, 1945 (No. 3), ss. 4, 6.
The Arterial Drainage Act, 1945, empowers the defendants to prepare and implement drainage schemes for the improvement of land. The Act stipulates at s. 4 that in every scheme prepared by the defendants they should show (inter alia) the lands, easements and other rights to be affected by the scheme. Section 6 of the Act provides that the defendants shall serve, on every owner of lands or rights to be affected by the scheme, a notice informing him that the scheme proposes an interference with such land or right and describing fully the said land or right and the proposed interference. The defendants prepared the Maigue catchment scheme and served notices on the plaintiffs who were owners of lands to be affected by the scheme. The scheme described the intended works in general and vague terms such as "the construction, if and as required, of weirs in the following townlands." The notices served on the plaintiffs were not more specific than the scheme. In an action brought in the High Court the plaintiffs...
To continue reading
Request your trial-
Electricity Supply Board v Killross Properties Ltd
... ... , that they intended to carry out certain works on the company?s lands at Collinstown, Co ... Act has given the ESB the power in the public interest to enter upon these lands for a five ... on the decision of the Supreme Court in Dunraven Limerick Estates Co. v. Commissioners of Public ... ...
-
Hanrahan Farms Ltd v Environmental Protection Agency and Others
...[1996] ECR I-4705 WELLS v SECRETARY OF STATE FOR TRANSPORT 2004 ECR I-00723 EEC DIR 96/61 ART 3 DUNRAVEN ESTATES LTD v CMRS OF PUBLIC WORK 1974 IR 113 ARTERIAL DRAINAGE ACT 1945 ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) ACT 1919 HUGHES & ANOR v DONCASTER METROPOLITAN BOROUGH COUNCIL ......
-
O'Brien v Personal Injuries Assessment Board
...INJURIES ASSESSMENT BOARD ACT 2003 S20(4) PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 S51A DUNRAVEN ESTATES LTD v CMRS OF PUBLIC WORKS 1974 IR 113 O'BRIEN v KEOGH 1972 IR 144 PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 S3(a) HAUGHEY, IN RE 1971 IR 217 MAGUIRE & ORS v ARDAGH & ORS (OIREACH......
-
Dellway Investment Ltd and Others v National Asset Mangagement Agency (NAMA) and Others
...& ORS v CMRS OF PUBLIC WORKS & ORS 1994 3 IR 353 1998/25/10004 DUNRAVEN LIMERICK ESTATES CO v CMRS OF PUBLIC WORKS IN IRELAND 1974 IR 113 EIRCELL LTD v LEITRIM CO COUNCIL 2000 1 IR 479 2000 2 ILRM 81 1999/11/2713 NORTH WALL PROPERTY HOLDING CO LTD & DUNNE v DUBLIN DOCKLANDS DEVELOPMENT AUTH......