Land Act, 1939

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Powers of the Land Commission for purposes of sand fixation.

57.—(1) Where it appears to the Land Commission that injury is being or is likely to be caused to any land by the blowing or drifting of sand on to such land, whether from the same or from other land, and the Land Commission determines to undertake and carry out work (in this section referred to as sand fixation) to prevent the blowing or drifting of such sand, it shall be lawful for the Land Commission to do, for the purpose of such sand fixation, all or any of the following things, that is to say:—

(a) to acquire compulsorily for a specified period any land or any easement or other right over or in respect of any land;

(b) to suspend, restrict, or otherwise interfere with, for and during a specified period, the exercise of any easement or other right over or in respect of any land;

(c) to close, divert, or otherwise interfere with, for and during a specified period, any public or private road, way, bridge, or waterway.

(2) Whenever the Land Commission proposes to exercise a power conferred by the foregoing sub-section of this section, the Land Commission shall publish in the Iris Oifigiúil a notice stating their intention to exercise such power and—

(a) specifying (as the case may be) the land, easement, or right proposed to be compulsorily acquired, or the easement or right the exercise of which is proposed to be interfered with, or the road, way, bridge, or waterway proposed to be interfered with, and

(b) where interference with an easement, right, road, way, bridge, or waterway is proposed, stating the particulars of such interference, and

(c) stating the period for and during which such compulsory acquisition or such interference is proposed to be made, and

(d) stating the manner in which and the time within which objections to the proposed exercise of such power may be lodged.

(3) The Land Commission shall not exercise, in relation to land which is seashore within the meaning of the Foreshore Act, 1933 (No. 12 of 1933), a power conferred by this section save after consultation with the Minister for Industry and Commerce.

(4) All objections duly made to the exercise by the Land Commission of a power conferred by this section shall be determined by the Lay Commissioners (other than the members of the Appeal Tribunal) and, if and when all such objections (if any) have been finally determined or the time for making such objections has expired without any such objection having been duly made, the Land Commission may, whether the compensation or price has or has not been ascertained, make such order as is requisite for the exercise of such power and is authorised by this section.

(5) An order made by the Land Commission under this section shall be expressed and shall operate to do whichever one or more of the following things is appropriate, that is to say:—

(a) to vest in the Land Commission, for and during a specified period, the land, easement, or right;

(b) to suspend, for and during a specified period, the exercise of the easement or right;

(c) to authorise the Land Commission to restrict or interfere with, for and during a specified period, the exercise of the easement or right;

(d) to authorise the Land Commission to close, divert or otherwise interfere with, for and during a specified period, the road, way, bridge, or waterway.

(6) The following provisions shall apply and have effect in relation to the price or compensation to be paid by the Land Commission in respect of the exercise by the Land Commission of a power conferred by this section, that is to say:—

(a) such price or compensation shall, in default of agreement, be fixed by the Lay Commissioners (other than the members of the Appeal Tribunal);

(b) an appeal shall lie to the Appeal Tribunal from an order of the Lay Commissioners fixing such price or compensation, and the decision of the Appeal Tribunal on such appeal shall be final;

(c) such price or compensation shall be paid in money and may be either a lump sum or a rent or other annual payment;

(d) if such price or compensation is a lump sum, it shall be lodged to the credit of the matter and shall be allocated by the Judicial Commissioner as if it were the price of land purchased under the Land Purchase Acts;

(e) if such price or compensation is a rent or other annual payment, it shall be paid to such person as, in default of agreement, shall be determined by the Judicial Commissioner;

(f) such price or compensation, whether a lump sum or a rent or annual payment, shall be paid out of money provided by the Oireaehtas.