Land Act, 1939

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Extinguishment of easements, rights and tenancies.

41.—(1) Where the Land Commission have, either before or after the passing of this Act, acquired or purchased any untenanted land or acquired any holding by way of exchange or resumed any holding and such land or holding is subject to any easement or to any grazing, turbary, or other right or to a tenancy of such a nature that it does not constitute an interest entitling the occupier to purchase under the Land Purchase Acts, the Land Commission may by order extinguish such easement, right or tenancy subject to payment by the Land Commission of such compensation as shall be fixed by the Land Commission by their said order.

(2) Orders under this section shall be made by the Lay Commissioners (other than the members of the Appeal Tribunal) and shall be final subject only to an appeal to the Appeal Tribunal on questions of law or compensation, and the decision of the Appeal Tribunal on any such appeal shall be final subject only to an appeal to the Supreme Court on questions of law.

(3) All compensation payable under an order made under this section shall be paid in land bonds equal in nominal amount to the amount of such compensation as if such compensation were an advance made by the Land Commission under the Land Purchase Acts.