Neutrality (War Damage To Property) Act, 1941
|
Acquisition of land comprising injured building by district planning authority. |
20.—(1) Where a building has been injured by an injury to which this Act applies and the relevant district planning authority considers that the acquisition of the land consisting of such building and its site is expedient for the purposes of a planning scheme for their district (whether already made or in contemplation), such planning authority may take steps to acquire in accordance with the Schedule to this Act such land. | |
(2) Where a district planning authority has acquired in accordance with the Schedule to this Act any land, the following provisions shall have effect, that is to say:— | ||
(a) if, immediately before the making of the order under the said Schedule by which such land was acquired, any person had any estate or interest in or right in respect of such land; such person may apply to such authority not later than three months after the making of such order for compensation in respect of such estate, interest, or right, and such authority shall pay to such person by way of compensation an amount equal to the value (if any) of such estate, interest, or right, | ||
(b) the said amount shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), | ||
(c) for the purposes of the determination of the said amount, the value of such land shall be deemed to be the same as if the relevant building which sustained an injury to which this Act applies were still in the condition in which it was immediately before such injury occurred, | ||
(d) no compensation shall be payable under this Act in respect of such injury, | ||
(e) the Minister shall out of moneys provided by the Oireachtas pay to such district planning authority the difference between the value of such land immediately before such injury occurred and the value thereof immediately after such injury occurred, and | ||
(f) the difference mentioned in the immediately preceding paragraph shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), in like manner as if such difference were compensation for land compulsorily acquired. | ||
(3) The expenses incurred by a district planning authority under this section shall be raised and defrayed in like manner as the expenses incurred by such authority in the execution of the Town and Regional Planning Acts, 1934 and 1939, are raised and defrayed. | ||
(4) A district planning authority may, for the purpose of defraying expenses incurred by them under this section, borrow under the Town and Regional Planning Acts, 1934 and 1939, as if such purpose were a purpose for which such authority is authorised to borrow under those Acts. | ||
(5) In this section, the word “site,” when used in relation to a building, includes any yard, garden, or other land attached to such building and forming one enclosure with it. |