Canals Act, 1986
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SECOND SCHEDULE Provisions Relating to Compulsory Acquisition | ||
1. (1) Where the Commissioners propose to acquire any land or any interest in or right over land under section 6 they may apply to the Minister for Finance for an order under this Schedule authorising them to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5. | ||
(2) The Commissioners shall publish the prescribed notice of the application in one or more newspapers circulating in the locality in which the property is situate and serve a copy of the notice on every person who appears to the Commissioners to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons. | ||
(3) The notice shall include a provision notifying persons having an estate or interest in the property that they have a right to lodge with the Minister for Finance within one month of the making of the application by the Commissioners an objection to the making of an order and specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected. | ||
(4) The Minister for Finance shall consider and determine any objection to the application and he may, if he thinks fit, appoint an adviser to assist him in relation thereto. | ||
2. Where no objection to the application of the Commissioners is lodged within one month of the making of the application by the Commissioners or any such objection is rejected by the Minister for Finance, that Minister shall make an order authorising the Commissioners to acquire the property compulsorily in accordance with the terms of their application or subject to such modifications, if any, as he may specify. | ||
3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the Commissioners may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired. | ||
(2) The Commissioners shall not— | ||
(a) enter on or take possession of any land under this paragraph without giving to the occupier at least one month's previous notice in writing of their intention so to do, | ||
(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least one month's previous notice in writing of their intention so to do. | ||
4. (1) A notice under this Schedule 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. | ||
(2) Where, for any reason, the envelope cannot be so addressed, it may be addressed to the person for whom it is intended in either of the following ways: | ||
(a) by the description “the occupier” without stating his name, | ||
(b) at the land to which the notice relates. | ||
5. (1) The Commissioners shall cause maps, plans and books of reference to be deposited in accordance with this paragraph. | ||
(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired. | ||
(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised. | ||
(4) The maps, plans and books of reference shall be deposited at such place or places as the Commissioners consider suitable and shall remain so deposited for at least one month 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. | ||
6. (1) The amount of the price to be paid by the Commissioners for any land acquired to the several persons entitled thereto or having estates or interests therein, or for any right acquired to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 . | ||
(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to the said price and to the conveyance to the Commissioners of the land or right acquired, and for the purpose of the application the Commissioners shall be deemed to be the promoters of the undertaking. | ||
7. In this Schedule “prescribed” means prescribed by regulations made by the Minister for Finance. |