Local Government Act, 1946
|
Powers of road authorities in relation to land severed as the result of road operations and in relation to roads no longer required for public use. |
84.—(1) A road authority may, with the consent of the Minister, acquire by agreement or compulsorily— | |
(a) any land which has or will become severed by operations of the road authority under section 24 of the Local Government Act, 1925 (No. 5 of 1925), and which, because of its shape or size, could not be used economically or has become or is likely to become derelict, or | ||
(b) any land which forms the site of a road or any part of a road which in the opinion of the road authority is no longer required for the public use, | ||
as if such land were required by such road authority for the construction of a road. | ||
(2) Where a road authority— | ||
(a) has acquired any land under subsection (1) of this section, or | ||
(b) owns any land which has or will become severed by operations of the road authority under section 24 of the Local Government Act, 1925 , and which, because of its shape or size could not be used economically or has become or is likely to become derelict, or | ||
(c) owns any land forming the site of a road or part of a road in respect of which the powers conferred by sub-paragraph (i) of paragraph (a) of subsection (4) of this section have been exercised, | ||
the road authority may, after compliance with the provisions of this Act relating to the disposal of land not required, sell or transfer gratuitously such land (in this subsection referred to as the road authority's land) or any part thereof to any person, who is the owner of any land which adjoins, and is situate on the same side of the road as, the road authority's land, for the purpose of providing that person with alternative means of access to the road or for the purpose of enabling the road authority's land to be used economically or for the purpose of preventing the road authority's land becoming derelict. | ||
(3) Where a road authority sell or transfer any land to a person under subsection (2) of this section, they may make the sale or transfer subject to such conditions (including conditions requiring that person to fence such land in with other lands and to permit it to be occupied with other lands) as the road authority think fit. | ||
(4) (a) Where a road authority own any land forming the site of a road or part of a road which in their opinion is no longer required for use by the public— | ||
(i) the road authority may, with the consent of the Minister, extinguish the right of way of the public over such road or such part, and | ||
(ii) the road authority may by agreement with any person, who has a right of entry to adjoining private property through such road or such part, extinguish such right. | ||
(b) The exercise of the powers conferred by subparagraph (i) of paragraph (a) of this subsection shall be a reserved function. |