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Buildings and structures obstructing view on roads.
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33.—(1) Where the Minister, on the application of the council charged with the maintenance of any road, is satisfied that the erection of a proposed building or other structure would obstruct the view of persons using such road so as to render such road dangerous to such persons, he may by order prohibit the erection of any portion of such building or structure within thirty yards of such road.
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(2) Where the Minister, on the application of the council charged with the maintenance of any road, is satisfied that a building or other structure which or any portion of which is situate within thirty yards of a road obstructs the view of persons using such road so as to render such road dangerous to such persons, he may order the removal of any portion of such building or structure situate within thirty yards of such road and may by such order specify a time within which such removal is to be completed.
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(3) No order shall be made by the Minister under the next preceding sub-section in respect of any occupied dwellinghouse at the passing of this Act unless and until the Minister is satisfied that alternative accommodation, reasonably equivalent as regards rent and suitability in all respects is available for the occupants.
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(4) Where the Minister makes an order under this section for the removal of a building or other structure or any portion thereof, the council on whose application the order was made shall pay to every person having an interest in the land upon which such building or structure is situate, by way of compensation for such removal, the amount by which such interest is damaged by such removal, and in appropriate cases to the occupier the amount of any loss or expense occasioned by disturbance of the occupier by such removal, and such amounts shall, in default of agreement between such council and such person, be determined in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.
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(5) No compensation shall be payable under this section by a council in respect of a building or structure the erection of which was begun after the passing of this Act unless not less than one month's notice in writing of the intention to erect such building or structure was given to such council before such erection was begun, nor shall any such compensation be payable in respect of any portion of a building or other structure which was erected in contravention of an order made by the Minister under this section.
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(6) Where an order of the Minister under this section for the removal of a portion of a building or structure is duly complied with within the time specified in that behalf therein the council on whose application such order was made shall pay all costs and expenses reasonably incurred in so complying with such order.
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(7) If an order of the Minister under this section for the removal of a portion of a building or structure is not complied with within the time specified in that behalf therein the council on whose application such order was made may themselves comply with such order and may do all such acts and things (including entering on land) as may be necessary for that purpose and in such case such council shall be entitled to recover from the occupier of the building or structure in the District Court as a civil debt all expenses incurred by them in so complying with the order.
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(8) Before making an application to the Minister under this section in respect of an existing or proposed building or structure, a council shall give not less than one month's notice in writing of the application to the owner and to the occupier of the building or structure or of the site on which the building or structure is proposed to be erected, as the case may be, and such notice may in any case in which the owner or occupier cannot be found be served by posting a copy thereof in a conspicuous place on such building or structure or on such site, as the case may be.
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(9) Where the occupier of a building or structure or the site of a proposed building or structure holds the same under a lease or other contract of tenancy the immediate landlord of the occupier shall be deemed to be the owner of the building, structure, or site for the purpose of this section, and in any other case the occupier of the building, structure, or site shall be deemed to be the owner thereof for the purpose aforesaid.
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