Re Green Dale Building Company
Jurisdiction | Ireland |
Judgment Date | 13 May 1977 |
Date | 13 May 1977 |
Docket Number | [1976 No. 143 SS.] |
Court | Supreme Court |
Assessment - Relevant date - Service of notice to treat - Two notices served - One served before compulsory purchase order became operative - Waiver -Estoppel - Housing Act, 1966 (No. 21), s. 79.
Section 79, sub-s. 1 of the Housing Act, 1966, provides that where a compulsory purchase order is made and confirmed under the Act and "has become operative," and the housing authority decide to acquire the land to which the order relates, the authority shall serve on the owner of the land a notice to treat; and s. 84 of the Act provides that the compensation payable to the owner in respect of the land being acquired shall be the value thereof at the time when the relevant notice to quit was served, as assessed in accordance with that section. A housing authority made a compulsory purchase order affecting (inter alia) the lands of the claimant, and the order was duly confirmed in August, 1972. On the 14th December, 1972, the housing authority served on the claimant a notice to treat. Meanwhile, a third party had applied to the High Court for a declaration that the compulsory purchase order was invalid; and on the 7th April, 1975, the High Court dismissed the application, whereupon the compulsory purchase order became operative pursuant to s. 79 of the Act of 1966. On the 14th April, 1975, the housing authority served on the claimant a second notice to treat. The value of the claimant's lands in 1975 was less than it had been in 1972. Relying upon the validity of the first notice, the claimant had arranged for a property arbitrator to be appointed to assess the compensation payable to the claimant, and the claimant...
To continue reading
Request your trial-
Irish Life Assurance Company Ltd v Dublin Land Securities Ltd
...CH 225 GUN V MCCARTHY 13 LR (IRL) 304 HILLINGDON ESTATES LTD V STONEFIELD ESTATES LTD 1952 CH 627 IN RE, GREEN DALE BUILDING COMPANY LTD 1977 IR 256 JOSCELYNE V NISSEN 1970 2 QB 86, 1970 2 WLR 509, 1970 1 AER 1213 MONAGHAN CO COUNCIL V VAUGHAN 1948 IR 306 NOLAN V GRAVES & HAMILTON 194......
-
Ashbourne Holdings Ltd v an Bord Pleanála
...273 CITY OF BRADFORD METROPOLITAN COUNCIL V SECRETARY OF STATE FOR THE ENVIRONMENT 1986 JPL 598 GREENDALE BUILDING CO V DUBLIN CO COUNCIL 1977 IR 256 SCANNELL ENVIRONMENTAL & PLANNING LAW IN IRELAND 1995 205 R V BOWMAN 1898 1 QB 663 TOWN & COUNTRY PLANNING ACT 1990 S106 TESCO STORES LTD V......
-
Arklow Holidays Ltd v Bord Pleanála and Others
...UNREP HANNA 18.3.2005 2005/39/8088 2005 IEHC 102 AKRAM v MIN FOR JUSTICE & ORS 2004 1 IR 452 2004/1/211 GREEN DALE BUILDING CO LTD, IN RE 1977 IR 256 ASHBOURNE HOLDINGS LTD v BORD PLEANALA & CORK CO COUNCIL 2003 2 IR 114 2003 2 ILRM 446 2003/3/564 DUBLIN CO COUNCIL v TALLAGHT BLOCK CO LTD......
-
Mcgrath Limestone Works Ltd v an Bord Pleanála and Others
...ASHBOURNE HOLDINGS LTD v BORD PLEANALA & CORK CO COUNCIL 2003 2 IR 114 2003 2 ILRM 446 2003/3/564 GREEN DALE BUILDING CO LTD, IN RE 1977 IR 256 HENCHY THE IRISH CONSTITUTION & THE EEC 1977 DULJ 20 CONSTITUTION ART 29.4.10 PLANNING & DEVELOPMENT (AMDT) ACT 2010 S75 PLANNING & DEVELOPMENT (AM......