Land Act, 1950

JurisdictionIreland
CitationIR No. 16/1950


Number 16 of 1950.


LAND ACT, 1950.


ARRANGEMENT OF SECTIONS

Section

1.

Short title, construction and citation.

2.

The Minister.

3.

Rules and Regulations.

4.

Payments and Expenses.

5.

Price of land.

6.

Acquisition or resumption price where possession of land was taken under Article 38 of Emergency Powers Order, 1939.

7.

Acquisition or resumption price where land or right was acquired or exercised under Emergency Powers (No. 310) Order, 1944.

8.

Cesser of redemption of purchase annuities in certain cases.

9.

Redemption of reclamation annuities.

10.

Advances for purchase of lands in certain cases.

11.

Cesser of certain payments.

12.

Exercise of powers by the Minister, etc.

13.

Quorum of Lay Commissioners.

14.

Change in constitution of Appeal Tribunal.

15.

Cesser of office of future Lay Commissioners.

16.

Cesser of office of existing Lay Commissioners.

17.

Maximum number of Lay Commissioners.

18.

Acting Lay Commissioner.

19.

Amendment and extension of section 39 of Land Act, 1923.

20.

Amendment of section 37 of Land Act, 1939.

21.

Amendment of section 44 of Land Act, 1931, and section 47 of Land Act, 1939.

22.

Amendment of section 37 of Land Act, 1936.

23.

Further amendment of section 44 of Land Act, 1931, and section 37 of Land Act, 1936.

24.

Saver for application of section 37 of Land Act, 1933, and amendment of that section.

25.

Extension of section 24 of Land Act, 1939.

26.

Amendment of section 45 of Land Act, 1939.

27.

Purchase of land offered for sale.

28.

Transfer orders, etc.

29.

Gratuity in respect of displacement from employment on land.

30.

Extension of section 20 of Irish Land Act, 1903, and section 18 of Irish Land Act, 1909, etc.

31.

Provisions with respect to certain trusts.

32.

Appointment by the Minister of new trustees.


Acts Referred to

Land Act, 1933

No. 38 of 1933

Land Reclamation Act, 1949

No. 25 of 1949

Local Loans Fund Act, 1935

No. 16 of 1935

Forestry Act, 1946

No. 13 of 1946

Interpretation Act, 1937

No. 38 of 1937


Number 16 of 1950.


LAND ACT, 1950.


AN ACT TO AMEND AND EXTEND THE LAND PURCHASE ACTS. [19th June, 1950.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Short title, construction and citation.

1.—(1) This Act may be cited as the Land Act, 1950.

(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.

The Minister.

2.—In this Act the expression “the Minister” means the Minister for Lands.

Rules and Regulations.

3.—(1) The power of making rules conferred by sub-sections (1) and (2) of section 3 of the Land Act, 1933 (No. 38 of 1933), shall extend to and be exercisable for making rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of this Act.

(2) The Minister for Finance may make rules and regulations for carrying into effect the provisions of this Act relating to land purchase finance, and may by such rules or regulations adapt to the requirements of this Act any provisions relating to land purchase finance contained in any Act passed before this Act.

(3) In this Act the word “prescribed” means prescribed by the appropriate rules or regulations authorised by this section.

Payments and Expenses.

4.—The payments made and expenses incurred by the Minister and by the Land Commission in giving effect to this Act and in the administration thereof shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Price of land.

5.—(1) The following provisions shall have effect where the price of land is fixed after the passing of this Act under sub-section (2) of section 25 of the Land Act, 1923 :—

(a) the said sub-section shall have effect with the substitution of the words “the amount to be so fixed shall be an amount equal to the market value of the land” for the words “in fixing such sum regard shall be had to the fair value of the land to the Land Commission and the owner respectively”,

(b) where in the opinion of the Lay Commissioners or the Appeal Tribunal (as the case may be) it would be inequitable that the Land Commission should acquire the land for a price fixed on the basis of market value, the Lay Commissioners or the Appeal Tribunal (as the case may be) in fixing the price may include therein compensation to the owner for disturbance, and may also include therein, if satisfied that damage will be sustained by the owner by reason of the acquisition of the land as affecting his user of other land or otherwise causing injury to such other land, compensation for that damage.

(2) Where—

(a) the price of untenanted land acquired or purchased by the Land Commission was determined before the passing of this Act whether by agreement or by the fixing thereof under sub-section (2) of section 25 of the Land Act, 1923 , and

(b) the Land Commission took possession of the land on or after the 1st day of December, 1949, and before the passing of this Act or take possession of the land after the passing of this Act,

the following provisions shall have effect:

(i) application may be made to the Land Commission within six months after the passing of this Act for redetermination of the price of the land,

(ii) on such application being duly made, the price of the land shall again be determined and shall be determined either by agreement or, in default of agreement, by the fixing of the price (as at the date of the previous determination of the price) under sub-section (2) of section 25 of the Land Act, 1923 , and sub-section (1) of this section,

(iii) if the price so determined is greater than the price previously determined, it shall have effect in lieu of the latter price,

(iv) the Land Commission shall, where appropriate, make an additional advance and issue additional land bonds (bearing the same rate of interest as the land bonds already issued or decided to be issued) for the purchase of the land, and thereupon there shall be payable by the Land Commission, to the person entitled to the receipt of the rents and profits of the land immediately before possession thereof was or is taken by the Land Commission, a sum equal to interest (less income tax) on the additional land bonds so issued from the date on which the land vested in the Land Commission or the date on which the Land Commission obtain possession of the land (whichever is the later) to the date of the issue of the additional land bonds and that sum shall be in lieu of such (if any) interest as may be appropriate under sub-section (1) of section 2 of the Land Act, 1923 ,

(v) the agreement or fixing of the price by virtue of this sub-section shall not be regarded for the purposes of sub-section (1) of section 8 of this Act as having occurred after the passing of this Act.

Acquisition or resumption price where possession of land was taken under Article 38 of Emergency Powers Order, 1939.

6.—Where—

(a) possession has, whether before or after the passing of this Act, been taken of any land under Article 38 of the Emergency Powers Order, 1939 (S. R. & O., No. 224 of 1939), and

(b) the value of the land has been increased by any works carried out on the land at the cost of a Minister of State, the former Turf Development Board Limited, or Bord na Móna during the period for which possession of the land was retained under the said Article 38, and

(c) the land is, within five years after possession thereof under the said Article 38 has been terminated, acquired or resumed under the Land Purchase Acts,

then, in fixing the price or compensation on the acquisition or resumption under those Acts and notwithstanding any other provision of this or any other Act, no account shall be taken of, or compensation allowed in respect of, any such increase in value.

Acquisition or resumption price where land or right was acquired or exercised under Emergency Powers (No. 310) Order, 1944.

7.—Where—

(a) any land or right in respect thereof has, whether before or after the passing of this Act, been acquired or exercised by any person pursuant to the Emergency Powers (No. 310) Order, 1944 (S. R. & O., No. 51 of 1944), and

(b) the value of the land or right has been increased by any works carried out on the land at the cost of such person, a licensee of such person or a Minister of State during the period for which the land or right was acquired or exercised, and

(c) the land is, within five years after the termination of the acquisition or exercise, acquired or resumed under the Land Purchase Acts,

then, in fixing the price or compensation on the acquisition or resumption under those Acts and notwithstanding any other provision of this or any other Act, no account shall be taken of, or compensation allowed in respect of, any such increase in value.

Cesser of redemption of purchase annuities in certain cases.

8.—(1) In any case in which the price of land purchased or acquired by the Land Commission is agreed upon or fixed after the passing of this Act, the following provisions shall have effect if section 14 of the Land Act, 1923 , and sub-section (1) of section 6 of the Land Act, 1936 , would, apart from this sub-section, apply in relation to such case:

(a) that section and sub-section shall not so apply,

(b) where a funding annuity is charged on the land—

(i) the funding annuity shall be redeemed out of the purchase money of the land by the sale of sufficient of the land bonds representing such purchase money to pay the redemption price of the funding...

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