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SECOND SCHEDULE.
Provisions relating to exercise of powers of Board.
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Section 5
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Acquisition of Land.
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Entry on land, etc., before conveyance.
1. (1) At any time before conveyance or ascertainment of price or compensation, the Board may, subject to this paragraph and for the purpose of performing any of their functions:
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(a) enter on and take possession of any land;
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(b) exercise any right which the Board are authorised by this Act to acquire;
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(c) terminate, restrict, or otherwise interfere with any easement or other property or right which the Board are authorised by this Act to terminate, restrict or otherwise interfere with.
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(2) Whenever the Board exercise any power under sub-paragraph (1), they shall be liable to pay to the occupier of the land or the owner of the easement, right or other property entered upon or interfered with, interest on the amount of the price or compensation payable under this Act to the occupier or owner at the rate of three per cent, per annum from the date of entry or interference until payment of the price or compensation.
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(3) The Board shall not—
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(a) enter on or take possession of any land under this paragraph without giving to the occupier at least one month's or, in the case of an occupied dwelling-house, three months' previous notice in writing of their intention so to do, or
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(b) exercise any easement or other right or interfere with any right or property under this paragraph without giving to the owner at least one month's previous notice in writing of their intention so to do.
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(4) A notice under this paragraph may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address.
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(5) Where, for any reason, the envelope cannot be so addressed it may be addressed to the person for whom it is intended in either or both of the following ways:
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(a) by the description “the owner” or “the occupier” (as the case may be) without stating his name,
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(b) at the land or the situation of the property to which the notice relates.
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Deposit of maps, plans, etc.
2. (1) Not later than one month before the Board enter on any land or interfere with any property or right, they shall cause maps, plans, and books of reference in relation thereto to be deposited in accordance with this paragraph.
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(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the property, corporeal or incorporeal proposed to be acquired and every interference (so far as it can be shown on a drawing) proposed to be made with any property, corporeal or incorporeal.
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(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all land proposed to be acquired or otherwise affected under this Act and of all property, corporeal or incorporeal, proposed to be in any way interfered with under this Act.
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(4) The maps, plans, and books of reference shall be deposited at the head office of the Board and at such other places as the Minister may prescribe and shall remain so deposited for such period as may be prescribed and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays, and bank holidays.
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(5) As soon as may be after the deposit of any maps, plans, or books of reference, the Board shall give public notice of such deposit by advertisement published twice in each of two or more daily newspapers and in such (if any) other newspapers as the Minister may prescribe.
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(6) The public notice shall state that the maps, plans, or books of reference to which it relates are open to public inspection in accordance with this paragraph and shall state the times and places at which they may be inspected.
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Assessment of price or of compensation.
3. (1) The amount of the price or compensation to be paid by the Board for any land acquired (whether permanently or temporarily) under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of any easement, way-leave, water-right, or other right so acquired (whether permanently or temporarily) to the owner thereof or to the several persons entitled to or having estates or interests in the land over or in respect of which such right is so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
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(2) The amount of the compensation to be paid by the Board on account of the termination, restriction or other interference (whether permanent or temporary) under this Act of or with any easement, way-leave, water-right, or other right over or in respect of any land or water shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if the compensation were the price of land compulsorily acquired.
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(3) Where any price or compensation is being assessed in respect of any property, corporeal or incorporeal, which is occupied, used or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such other property by reason of any works executed or in the course of execution or about to be executed under this Act.
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(4) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 (as adapted or amended by or under any subsequent Act) shall apply to any price or compensation payable under this paragraph and to the conveyance to the Board of property, corporeal or incorporeal, acquired under this Act, and for the purpose of the application the Board shall be deemed to be the promoters of the undertaking.
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(5) No action shall lie at law or in equity against the Board or any contractor or any officer or servant of the Board or of any contractor for or on account of any act, matter or thing in respect of which compensation is payable by virtue of this paragraph.
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Time for claims for price or compensation.
4. All claims for the price of or compensation in respect of any land, easement, right or other property (whether corporeal or incorporeal) acquired or interfered with under this Act shall be made within one year after the land, easement, right or property is first entered on, exercised or interfered with under this Act.
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Execution of works in lieu of compensation.
5. (1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done under this Act, the Board may execute for his benefit such works, in satisfaction or partial satisfaction of his claim for compensation, as the Board think proper and he agrees to accept.
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(2) The Board may attach to the execution of any works under this paragraph such terms (including terms as to the ownership, possession and control of the works) as are agreed upon by the Board and the person for whose benefit the works are so executed.
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Acquisition of land in lieu of payment of compensation.
6. Whenever the Board are of opinion that the payment of compensation for interference with any land would be uneconomic or for any other reason inexpedient, they may acquire the land permanently under this Act either by agreement or compulsorily.
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Powers and duties where acquired land is subject to a land purchase annuity, etc.
7. (1) In this paragraph, “public authority” means the Irish Land Commission or the Commissioners of Public Works in Ireland.
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(2) Whenever the Board acquire permanently any land which is subject, either alone or in conjunction with other land, to a land purchase annuity, payment in lieu of rent or other annual sum (not being merely rent under a contract of tenancy) payable to a public authority, they shall, as from the date on which they enter on and take possession of the land so acquired—
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(a) become and be liable for the payment to the public authority of such annual sum, or such portion thereof as shall be apportioned by the public authority on such land, as if the land had been transferred to the Board by the owner thereof on that date, and
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(b) be entitled, if the Board so think fit, to redeem the annual sum or such portion thereof as aforesaid, and
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(c) be obliged, if required by the public authority to do so, to redeem such annual sum or such portion thereof as aforesaid.
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Power of Board to purchase land from the Irish Land Commission.
8. (1) The Board may purchase from the Irish Land Commission any land, vested in the Irish Land Commission, which is required by the Board for the performance of any of their functions.
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(2) The land shall be so purchased at such price and upon such other terms as are agreed upon by the Board and the Irish Land Commission, subject to the restriction that in assessing the price no regard shall be had to, nor any enhancement of price allowed for, any improvements executed on the land with moneys paid or advanced out of the Central Fund or out of moneys provided by the Oireachtas.
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(3) The land shall be conveyed to or vested in the Board by the Irish Land Commission.
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(4) The price to be paid shall be provided and paid by the Board.
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(5) The Board shall defray all the costs and expenses of the Board and the Irish Land Commission of or incidental to the purchase.
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(6) In the preceding provisions of this paragraph, “land” includes any easement, profit-a-prendre, or other right over or in relation to any land, and the power of purchase conferred by this paragraph shall extend to the purchase of any such right whether in conjunction with or apart from the purchase of land.
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Miscellaneous.
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Employment of contractors.
9. (1) The Board may contract with any person for the doing by him of any work which they are authorised by this Act to do.
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(2) The Board may delegate to that person by agreement the right to do the work and thereupon he shall have, concurrently with them, the right to exercise such of the powers conferred by this Act on the Board as are necessary for doing the work and are specified in the agreement.
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(3) References in this Act to the doing of any work or thing by the Board shall be construed as including the doing of it by a contractor authorised under this paragraph.
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General power of entry on land by the Board.
10. (1) The Board and their officers and servants and other persons authorised by the Board in this behalf shall be entitled to enter on any land for the purpose of doing thereon or on any other land all or any of the things which the Board are authorised by this Act to do or making any preliminary inquiry, investigation or examination.
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(2) Any person who obstructs, prevents or interferes with the exercise by the Board or any officer or servant of the Board or any person authorised by the Board of any power conferred on them or him by this paragraph shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding ten pounds.
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Right of the Board to information from rate books.
11. Whenever the Board, for the purpose of the performance of their functions, require information from a rate book or other similar document, the local authority having custody of such book or document shall, at the request of the board—
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(a) permit any officer of the Board authorised in that behalf by the Board to inspect free of charge a copy of the whole or any part of the book or document, and
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(b) furnish to the Board, upon payment by the Board of such fee as shall be agreed upon by the Board and the local, authority or, in default of agreement, shall be fixed by the Minister for Local Government, a copy of the book or document or of any particular part specified by the Board.
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Protection of postal and telegraphic services.
12. Neither the Board nor any contractor executing any works under this Act shall by virtue of this Act acquire, enter on, remove or otherwise interfere with any land, works, plant, materials or other property of the Minister for Posts and Telegraphs or erect any works or do any other matter or thing which, in the opinion of the Minister for Posts and Telegraphs, would obstruct, delay, hinder or otherwise injuriously affect the due execution of the public services of the Department of Posts and Telegraphs.
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Disposal of surplus land.
13. The Board may sell or lease any land vested in them which is no longer required for the purpose of their functions.
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Disposal of moneys of Board.
14. Any moneys received by the Board in respect of the disposal of land, whether by sale, lease or otherwise, shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
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