Broadcasting Authority Act, 1960

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FIRST SCHEDULE.

Provisions Relating to Compulsory Aequisition.

Section 30 .

Entry on land, etc., before conveyance.

1. (1) At any time before conveyance or ascertainment of price, the Authority may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.

(2) Where the Authority exercises any power under the foregoing subparagraph, it shall be liable to pay, to the occupier of the land which is to be acquired or in respect of which the right is to be exercised, interest on the amount of the price payable to such occupier at the rate of five per cent. per annum from the date of entry until payment of the price.

(3) The Authority shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier at least three months' previous notice in writing of its intention so to do, or

(b) exercise any right under this paragraph without giving to the occupier of the land in respect of which the right is to be exercised at least three months' previous notice in writing of its intention so to do.

(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.

(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:

(a) by the description “the occupier” without stating his name,

(b) at the land to which the notice relates.

Deposit of maps, plans, etc.

2. (1) Not later than one month before entering on land or exercising any right under the foregoing paragraph, the Authority 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 the head office of the Authority and at such other places as the Authority considers suitable and shall remain so deposited for at least three months 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.

(5) As soon as may be after the deposit of any maps, plans, or books of reference, the Authority shall give public notice of the deposit by advertisement published twice in each of two or more daily newspapers and in such other newspapers as the Authority considers suitable.

(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.

Assessment of price.

3. (1) The amount of the price to be paid by the Authority 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 (as adapted or amended by or under any subsequent Act) shall apply to the said price and to the conveyance to the Authority of the land or right acquired, and for the purpose of the application the Authority shall be deemed to be the promoters of the undertaking.

Time for claims for price.

4. All claims for the price of any land or right acquired shall be made within one year after the land or right is first entered on or exercised by the Authority.

Powers and duties where acquired land is subject to a land purchase annuity, etc.

5. (1) In this paragraph, “public authority” means the Irish Land Commission or the Commissioners.

(2) Where land acquired by the Authority 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, the Authority shall, as from the date on which it enters on and takes possession of the land so acquired—

(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 Authority by the owner thereof on that date, and

(b) be entitled, if the Authority so thinks fit, to redeem the annual sum or such portion thereof as aforesaid, and

(c) be obliged, if required by the public authority to do so, to redeem such annual sum or such portion thereof as aforesaid.