Transport (Railway Infrastructure) Act, 2001
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Compulsory acquisition of land. |
45.—(1) Upon the commencement of a railway order, the Agency or CIÉ shall thereupon be authorised to acquire compulsorily any land or rights in, under or over land or any substratum of land specified in the order and, for that purpose, the railway order shall have effect as if it were a compulsory purchase order referred to in section 10 (1) of the Local Government (No. 2) Act, 1960 (inserted by section 86 of the Housing Act, 1966 ), which has been duly made and confirmed and, accordingly, that section shall apply and have effect in relation to the order with the modifications that— | |
(a) references to the local authority shall be construed as including references to the Agency or CIÉ as the case may be, | ||
(b) references to the Minister for the Environment and Local Government shall be construed as including references to the Minister, | ||
(c) the reference in subsection (4)(a) to section 78 of the Housing Act, 1966 , shall be construed as including a reference to subsections (1), (4) and (5) of that section, | ||
and with any other necessary modifications. | ||
(2) Where the Agency or CIÉ proposes to acquire land pursuant to subsection (1) and, in the opinion of the Agency or CIÉ, as the case may be, it is more efficient and economical to acquire additional adjoining land, the Agency or CIÉ, as the case may be, may do so with the consent of the Minister and of any person having an interest in or right in, under or over the adjoining land notwithstanding the fact that the adjoining land is not specified in the railway order. | ||
(3) The Agency or CIÉ shall comply with any directions of the Minister in relation to land acquired by it pursuant to subsection (1). |