Van Nierop v Commissioners of Public Works in Ireland
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1990 |
| Date | 01 January 1990 |
| Docket Number | [1984 No. 454P] |
| Court | High Court |
High Court
Cases mentioned in this report:—
Grice v. Dudley CorporationELRWLRUNKUNK [1958] Ch. 329; [1957] 3 W.L.R. 314; [1957] 2 All E.R. 673; (1957) 121 J.P. 466.
Richmond v. North London Railway Co.ELRUNK (1868) L.R. 5 Eq. 352; affd. (1868) 3 Ch. App. 679; 37 L.J. Ch. 886; 33 J.P. 86.
Simpsons Motor Sales (London) Ltd. v. Hendon Corpn.ELRWLRUNKUNKELRWLRUNKUNK [1963] Ch. 57; [1962] 3 W.L.R. 666; [1962] 3 All E.R. 75; (1962) 60 L.G.R. 393 (C.A.); affd. [1964] A.C. 1088; [1963] 2 W.L.R. 1187; [1963] 2 All E.R. 484; (1963) 62 L.G.R. 1 (H.L.(E)).
Local government - Compulsory acquisition - Notice of intention to acquire - Delays by acquiring authority - Effects - Acquisition of Land (Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5, c. 57) - Fishery Harbour Centres Act, 1968 (No. 18) ss. 3 and 4.
Plenary Summons.
The facts are summarised in the headnote and set out in the judgment of O'Hanlon J., post.
By plenary summons issued on the 19th January, 1984, the plaintiff claimed declarations as to his ownership of certain lands situate at Killybegs, County Donegal, and that the defendants' notices of the 15th June, 1971, and the 10th and 11th October, 1974, purporting to compulsorily acquire those lands pursuant to the Fishery Harbour Centres Act, 1968, were invalid, void and of no legal effect; and in the alternative compensation, damages for breach of constitutional rights, negligence or breach of statutory duty. His statement of claim of the 14th February, 1984, claimed that despite the notices served by the defendants, no steps had been taken by them to acquire the said lands and that the plaintiff had suffered loss and damage in being unable to develop the lands or in being unable to complete a sale to the defendants. Compensation, if appropriate, was claimed from the 15th June, 1971. Notice of intention to proceed was served by the plaintiff on the 15th October, 1986, and the matter came on for full oral hearing before the High Court (O'Hanlon J.) on the 2nd February, 1989.
Section 3 of the Fishery Harbour Centres Act, 1968, provides:—
"(1) The Minister may, whenever he thinks proper, acquire, by agreement or compulsorily, any land situate in a fishery harbour centre or right over or in respect of land or water so situate.
(2) (a) Not later than one month before the Minister enters on any land or acquires any right, he shall cause maps, plans and books of reference in relation thereto to be deposited in accordance with this subsection.
(b) The maps and plans shall be sufficient in quantity and character to show on adequate scales the property, corporeal or incorporeal, proposed to be acquired and every interference (so far as it can be shown on a drawing) proposed to be made with any property, corporeal or incorporeal.
(c) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees and occupiers of all land proposed to be acquired under this section and of all rights proposed to be acquired under this section.
(d) The maps, plans and books of reference shall be deposited at the office of the Minister and at such other places (if any) as the Minister may specify and shall remain so deposited for such period as may be specified by the Minister and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and bank holidays.
(e) As soon as may be after the deposit of any maps, plans or books of reference, the Minister shall give public notice of such deposit by advertisement published in such newspaper or newspapers circulating in the area adjoining the centre as the Minister may specify.
(f) The public notice shall state that the maps, plans or books of reference to which it relates are open to public inspection in accordance with this paragraph and shall state the times and places at which they may be inspected.
(3) (a) The amount of the price or compensation to be paid by the Minister for any land acquired under this section to the several persons entitled thereto or having estates or interests therein, or for or in respect of any rights so acquired to the owner thereof or to the several persons entitled to or having estates or interests in the land over or in respect of which such right is so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(b) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 (as adapted or amended by or under any subsequent Act), shall apply to any price or compensation payable under this paragraph and to the conveyance to the Minister of property, corporeal or incorporeal, acquired under this Act, and for the purpose of the application the Minister shall be deemed to be the promoter of the undertaking.
(4) All claims for the price of or compensation in respect of any land or right (whether corporeal or incorporeal) acquired under this section shall be made within one year after the land or right is first entered on or exercised under this section.
(5) (a) In this subsection "public authority" means the Irish Land Commission or the Commissioners of Public Works in Ireland.
(b) Whenever the Minister acquires permanently any land which is subject, either alone or in conjunction with other land, to a land purchase annuity, payment in lieu of rent or other annual sum (not being merely rent under a contract of tenancy) payable to a public authority, he shall, as from the date on which he enters on and takes possession of the land so acquired—
(i) become and be liable for the payment to the public authority of such annual sum or such portion thereof as shall be apportioned by the public authority on such land as if the land had been transferred to the Minister by the owner thereof on that date, and
(ii) be entitled, if the Minister so thinks fit, to redeem the annual sum or such portion thereof as aforesaid, and
(iii) be obliged, if required by the public authority to do so, to redeem such annual sum or such portion thereof as aforesaid.
(6) (a) At any time after compliance by the Minister with subsection (2) of this section in relation to any land or right and before conveyance or ascertainment of compensation, the Minister may, subject to the subsequent provisions of this subsection, enter on and take possession of that land or terminate that right.
(b) Where the Minister exercises any power conferred on him by paragraph (a) of this subsection—
(i) subject to subparagraph (ii) of this paragraph, the Minister shall pay to the person who is the occupier of the land entered on or the owner of the right over land terminated, interest on the amount of the compensation payable to such person at the rate of six per cent. per annum from...
To continue reading
Request your trial
-
Cork County Council v Sylvia Lynch and Desmond J. Boyle
...and Simpsons Motor Sales (London) were both cited with approval by O'Hanlon J. in Van Nierop v. Commissioners of Public Works in Ireland [1990] 2 IR 189, to which reference was also made in submissions. There the Court granted declaratory orders that a notice of compulsory acquisition made ......
-
Greenwich Project Holdings Ltd v Cronin
...The said authors further referenced the decision in Murphy v. AG [1982] I.R. 241 and Van Van Nierop v. Commissioners of Public Works [1990] 2 I.R. 189 in support of that 33 . Woods and Wylie further observe – “Clearly it is a matter for the Court in each case as to whether the plaintiff has......