Land Act, 1939
|
Amendments in respect of expenditure for improvements. |
30.—(1) Notwithstanding anything contained in sub-section (3) of section 22 of the Land Act, 1927 , and without prejudice to their powers under sub-section (5) of section 44 of the Land Act, 1923 , as amended by section 44 of the Land Act, 1933 , where the Land Commission sanction the expenditure by way of free grant of money for the benefit or improvement of any lands, the Land Commission may, unless such expenditure is substantially for the benefit or improvement of lands already vested in purchasers, make such expenditure at their discretion, out of moneys provided by the Oireachtas, as part of the expenses of the Land Commission. | |
(2) Where the Land Commission sanction expenditure of money for the benefit or improvement of any lands not vested in a purchaser and, in their discretion, consider that it would be for the benefit and improvement of those lands that the money should be actually expended on works on other lands, such expenditure may be made accordingly in respect of such works on such other lands as if they were works on the lands for the benefit or improvement of which such expenditure was sanctioned. | ||
(3) Where money expended in pursuance of the immediately preceding sub-section of this section is made repayable by means of an annuity, the following provisions shall have effect, that is to say:— | ||
(a) such annuity shall, where the circumstances so admit, be consolidated with the annuity (if any) on the lands on which the works in respect of which such money was expended were carried out and, until such consolidation has been effected, the said lands shall not be transferred without the consent of the Land Commission; | ||
(b) where consolidation as aforesaid cannot be effected, the Land Commission may make an order charging the said lands with the repayment, at such rate of interest and in such manner as may be prescribed by the Minister for Finance, of the advance made for the purchase of the lands for the benefit or improvement of which such money was expended and of such money itself, together with interest; | ||
(c) whenever an order is made under the next preceding paragraph of this sub-section charging any lands, the Land Commission shall have the same remedies for the recovery of the moneys (including interest as well as principal) secured by such charge as they have for recovery of unpaid instalments of a purchase annuity. |