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Fixing and payment of compensation in small cases.
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33.—(1) In this section—
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the expression “small parcel of land” means land—
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(a) the area whereof does not exceed two acres, and
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(b) the rateable valuation whereof does not exceed five pounds;
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the word “charge” does not include a State annuity.
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(2) Where the land in respect of which a vesting order is made—
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(a) is a small parcel of land, and
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(b) is vested under the Land Purchase Acts in the proprietor thereof, and
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(c) is registered under the Act of 1891,
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the following provisions shall have effect in relation to the compensation payable in respect of all interests subsisting in such land immediately before the vesting, date, that is to say:—
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(i) the person who was, immediately before the vesting date, registered as full owner of such land or, if that person is dead, his personal representative, or the person who was, immediately before the vesting date, the owner of the first or only charge (if any) on such land or, if that person is dead, his personal representative, may, for the purpose of the fixing (including the fixing by agreement) and the payment of such compensation, be treated as being absolutely entitled to such compensation,
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(ii) if such compensation is paid to the person who was, immediately before the vesting date, registered as full owner of such land or to his personal representative, the person to whom it is so paid shall hold it as a trustee for the persons (including himself), who, immediately before the vesting date, had any interests in such land, in respect of which compensation is payable, or were mortgagees of any such interests,
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(iii) if such compensation is paid to the person who was, immediately before the vesting date, the owner of the first or only charge (if any) on such land or to his personal representative, the person to whom it is so paid shall hold or dispose of it in like manner as if he had, on the vesting date, sold such land in exercise of the powers of sale conferred by law on mortgagees of land.
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(3) Where the land in respect of which a vesting order is made—
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(a) is a small parcel of land, and
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(b) is vested under the Land Purchase Acts in the proprietor thereof, and
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(c) is not registered under the Act of 1891,
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the following provisions shall have effect in relation to the compensation payable in respect of all interests subsisting in such land immediately before the vesting date, that is to say:—
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(i) the person who was immediately before the vesting date, the occupier of such land may, for the purpose of the fixing (including the fixing by agreement) and the payment of such compensation, be treated as being absolutely entitled to such compensation,
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(ii) if such compensation is paid to that person, he shall hold it as a trustee for the persons (including himself) who, immediately before the vesting date, had any interests in such land, in respect of which compensation is payable or were mortgagees of any such interests.
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(4) Where the land in respect of which a vesting order is made—
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(a) is a small parcel of land, and
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(b) is vested under the Land Purchase Acts in the Land Commission, but not in the tenant-purchaser or purchaser thereof, and
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(c) is subject to a State annuity (other than a tithe rent charge),
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the following provisions shall have effect in relation to the compensation payable in respect of all interests (other than that of the Land Commission) in such land, that is to say:—
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(i) the person who was, immediately before the vesting date, the occupier of such land may, for the purpose of the fixing (including the fixing by agreement) and the payment of such compensation be treated as being absolutely entitled to such compensation,
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(ii) if such compensation is paid to that person, he shall hold it as a trustee for the persons (including himself but excluding the Land Commission) who, immediately before the vesting date, had any interests in such land in respect of which compensation is payable or were mortgagees of any such interests.
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(5) Where a vesting order has been made in relation to part (in this subsection referred to as the acquired land) of a rateable hereditament, the Commissioner of Valuation and Boundary Surveyor may, on the application of the Minister, apportion to the acquired land such part of the rateable valuation of the said rateable hereditament as he thinks proper, and the part of the said rateable valuation so apportioned to the acquired land shall, for the purposes of this section but not further or otherwise, be taken to be the rateable valuation of the acquired land.
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