Railway Safety Act 2005
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PART 14 Provisions Relating to Córas Iompair Éireann | ||
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Compulsory acquisition of land. |
127.— Section 17 of the Transport Act 1950 is amended by substituting for subsections (1) and (2) the following: | |
“(1) The Minister may, if and whenever he or she thinks fit, on the application of the Board, by order (‘Acquisition Order’) authorise the Board for the purpose of the exercise of its powers and duties or of the powers and duties of any of its subsidiary companies to— | ||
(a) acquire compulsorily such land as may be specified in the order, or | ||
(b) close, stop up, remove, alter, divert or restrict an existing means of crossing a railway as may be specified in the order. | ||
(2) An Acquisition Order— | ||
(a) shall provide for the payment of compensation by the Board to the several persons having estates or interests in the land to which the order relates, | ||
(b) shall provide that any question of disputed compensation shall be determined, subject to subsection (2A), under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 and, for this purpose, the Board is deemed to be a public authority within the meaning of that Act, and | ||
(c) may incorporate all or any of the provisions of the Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper. | ||
(2A) An official arbitrator appointed under section 1 of the Acquisition of Land (Assessment of Compensation) Act 1919 shall— | ||
(a) in assessing compensation for the closure, stopping up, removal, alteration or restriction of an existing means of crossing the railway, have regard to any new means of access provided by the Board to affected lands and where appropriate to any existing means of access (where restricted or otherwise) that remains, and | ||
(b) have jurisdiction to make a nil award.”. |