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21 1966

HOUSING ACT, 1966

PART V

Acquisition of Land, etc.

Definitions for purposes of Part V and Third Schedule.

75. —In this Part and the Third Schedule to this Act—

(a) references to the Lands Clauses Acts shall be construed as references to those Acts (other than the Acquisition of Land (Assessment of Compensation) Act, 1919) as amended by the Second Schedule to the Act of 1890 and this Act;

(b) “the Acquisition of Land (Assessment of Compensation) Act, 1919”, means the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 ;

(c) “the Act of 1890” means the Housing of the Working Classes Act, 1890;

(d) “house” means a building which is—

(i) wholly or principally used on the relevant date for human habitation, or

(ii) neither wholly nor principally used for human habitation on the relevant date but which, when last wholly or principally used, was so used for human habitation,

and includes any yard, outoffices or appurtenances, garden or other land belonging thereto or usually enjoyed therewith;

(e) “owner” means in relation to land a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term whereof exceeds three years;

(f) “relevant date” means in relation to a house the date on which the notice as respects the making of the compulsory purchase order relating to the house is published in accordance with article 4 of the said Third Schedule.

Procedure for compulsory acquisition of land.

76. —A housing authority acquiring land compulsorily for the purposes of this Act may be authorised to do so by means of a compulsory purchase order made by the authority and submitted to and confirmed by the Minister in accordance with the provisions contained in the Third Schedule to this Act.

Compulsory acquisition of land not immediately required.

77. —A housing authority may be authorised to acquire compulsorily for the purposes, and in accordance with section 76 , of this Act, land not immediately required for those purposes, provided that the Minister is of opinion that there is reasonable expectation that the land will be required by the authority in the future in order to attain any of the objectives to which they are required by subsection (3) of section 55 of this Act to have regard in preparing a building programme.

Validity and date of operation of compulsory purchase orders.

78. —(1) As soon as may be after the Minister has made a confirmation order confirming a compulsory purchase order, whether in respect of all or part of the land to which the compulsory purchase order relates, the housing authority shall publish in a newspaper circulating in their functional area a notice in the prescribed form stating that the compulsory purchase order has been confirmed as respects all or part of the land, as the case may be, and naming a place where a copy of the compulsory purchase order as so confirmed and of the map referred to therein may be seen at all reasonable times and shall serve a like notice on every person having an interest in the land as respects which the compulsory purchase order has been confirmed who, having given notice to the Minister of his objection to the compulsory purchase order, appeared at the local public inquiry in support of his objection.

(2) If any person aggrieved by a compulsory purchase order which has been confirmed by the Minister (whether in respect of all or part of the land to which the compulsory purchase order relates) desires to question its validity he may, not later than three weeks after the publication of notice of the confirmation order, make an application for the purpose to the High Court, and where any such application is duly made the court—

(a) may by interim order suspend the operation of the compulsory purchase order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;

(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.

(3) A compulsory purchase order as confirmed by a confirmation order shall—

(a) as respects the land to which the confirmation order relates;

(i) in case no application mentioned in subsection (2) of this section is made or in case such application is withdrawn—become operative at the expiration of the period ending twenty-one days after the notice required by subsection (1) of this section is published, or the withdrawal of the application, or

(ii) in case such an application is made and is not withdrawn, and the court decides neither to quash the order as confirmed as aforesaid, nor to quash the order in so far only as it affects any property of the applicant—become operative on the date of the determination of the application,

(b) in case an application mentioned in subsection (2) of this section is made and is not withdrawn, and the court decides to quash the order in so far only as it affects any property of the applicant—become operative, on the date of the determination of the application, in so far as it affects any property other than the said property of the applicant.

(4) Subject to the provisions of subsection (2) of this section, a person shall not question a compulsory purchase order by prohibition or certiorari or in any legal proceedings whatsoever.

(5) So soon as may be after a compulsory purchase order has become operative, the housing authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation.

Notice to treat.

79. —(1) Where a compulsory purchase order made and confirmed under this Act has become operative and the housing authority decide to acquire land to which the order relates, the authority shall serve a notice (in this Part referred to as a notice to treat) on every owner, lessee and occupier of the land (except tenants for a month or a less period than a month) stating that they are willing to treat for the purchase of the several interests in the land and requiring each such owner, lessee and occupier to state within a specified period (not being less than one month from the date of service of the notice to treat) the exact nature of the interest in respect of which compensation is claimed by him and details of the compensation claimed, and, if the authority so require, distinguishing separate amounts of the compensation in such manner as may be specified in the notice to treat and showing how each such amount is calculated.

(2) A notice to treat served under subsection (1) of this section shall be deemed to be a notice to treat for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919.

Power of entry on, taking possession and use of land.

80. —(1) Where a housing authority are by a compulsory purchase order made and confirmed under this Act authorised to acquire land compulsorily for the purposes of this Act, the authority may, at any time after the service of notices to treat in respect of the land, on giving not less than fourteen days' notice in writing to every owner, lessee and occupier of the land, enter on, take possession of and use the land or such part thereof as may be specified in the notice without previous consent of any such owner, lessee or occupier or compliance with the provisions of the Lands Clauses Acts relating to entry on lands and the authority shall be liable to the payment of the like compensation as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the date of such entry.

(2) Where a housing authority—

(a) agree to purchase land and the purposes for which the land is being acquired are purposes of this Act, or

(b) propose to appropriate land to any purpose of this Act,

subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after the agreement has been made or the consent to the appropriation has been given by the appropriate Minister within the meaning of section 85 of this Act, the authority may, after giving to the person so in possession twenty-one days' notice in writing, without previous consent, enter on, take possession of and use the land or such part thereof as is specified in the notice but subject to the payment to the person so in possession of the like compensation together with interest upon such compensation as from the date of such entry as if the authority had been authorised to acquire the land compulsorily and the person had in pursuance of the authorisation been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions of the Lands Clauses Acts relating to entry on lands.

Vesting order.

81. —(1) Where a housing authority have entered on and taken possession of land in accordance with the powers conferred upon them by section 80 of this Act and where, after the expiration of six months from the date of such entry—

(a) the several interests in the land have not been conveyed or transferred to the authority,

(b) the authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the authority have made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his interest to enable the authority to make a proper offer for such interest,

the authority may by order (in this Act referred to as a vesting order) acquire the land.

(2) Where a housing authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) When a housing authority make a vesting order they shall within seven days after making the order—

(a) publish in one or more newspapers circulating within their functional area a notice stating that the order has been made, describing the land referred to therein and naming a place where a copy of the order may be seen at all reasonable times, and

(b) serve on every person appearing to them to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942.

82. —(1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it applies and it shall be expressed and shall operate to vest the land in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date (in this Act referred to as the vesting date) not earlier than twenty-one days after the making of the order.

(2) Notwithstanding anything in subsection (1) of this section, where a housing authority have acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.

(3) When a housing authority make a vesting order in relation to any land, they shall send the order to the registering authority and thereupon the registering authority shall cause the housing authority to be registered as owner of the land in accordance with the order.

Extinguishment of ways, easements, etc.

83. —(1) A housing authority may, with the approval of the Minister, by order extinguish any public right of way over any land acquired by them for the purposes of this Act, but an order made by an authority under this subsection shall be published in the prescribed manner, and if any objection thereto is made to the Minister before the expiration of six weeks from the publication thereof, the Minister shall not approve the order until he has caused to be held a public local inquiry into the matter.

(2) Upon the completion by a housing authority of the acquisition by them, otherwise than by vesting order, of any land for the purposes of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the authority and the person entitled to the right in question, vest in the authority without any conveyance or transfer, and any person who suffers loss by the vesting by virtue of this subsection of any such right or property shall be entitled to be paid by the authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

Assessment of compensation in respect of land acquired compulsorily.

84. —(1) Where land is acquired compulsorily by a housing authority for the purposes of this Act, the compensation payable in respect thereof shall be;

(a) in the case of land consisting of a house mentioned in article 3 of the Third Schedule to this Act—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part I of the Fourth Schedule to this Act,

(b) in the case of any other land—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part II of the Fourth Schedule to this Act.

(2) Subject to subsection (1) of this section and to paragraph (l) of article 2 of the said Third Schedule, the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.

Appropriation of land to purposes of this Act.

85. —(1) Where—

(a) land is vested in a housing authority otherwise than for the purposes of their functions under this Act, and

(b) the authority are satisfied that the land should be made available for those purposes,

the authority may, with the consent of the appropriate Minister, appropriate the land to any of those purposes.

(2) In subsection (1) of this section, “the appropriate Minister” means—

(a) if the Ministerial functions relating to the land in question are vested in a single Minister other than the Minister, that Minister,

(b) if those functions are vested in two or more Ministers (neither or none of whom is the Minister), such one of those Ministers as has, in relation to the land, the greater or greatest concern,

(c) in all other cases, the Minister.

(3) If, in relation to paragraph (b) of subsection (2) of this section, there is any doubt as to which one of two or more Ministers has the greater or greatest concern the doubt shall be determined by the Minister.

Amendment of section 10 of Local Government (No. 2) Act, 1960.

86. —(1) The following section shall be substituted for section 10 of the Act of 1960—

“10. (1) Where—

(a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,

(b) those purposes are purposes other than the purposes of the Housing Act, 1966, or are purposes some only of which are purposes of that Act, and

(c) the local authority consider that it would be convenient to effect the acquisition under that Act,

the local authority may decide so to effect the acquisition.

(2) Where—

(a) a local authority consider that any land, whether situate within or outside their functional area, would, if acquired by them, be suitable for the provision of halls, buildings and offices for the local authority, and

(b) the local authority consider that it would be convenient to effect the acquisition under the Housing Act, 1966,

the local authority may decide so to effect the acquisition.

(3) (a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to acquire the land compulsorily by means of a compulsory purchase order as provided for by section 76 of the Housing Act, 1966, and the Third Schedule thereto and for the purposes of this paragraph any reference to a housing authority in the said section 76 or the said Third Schedule shall be construed as a reference to a local authority.

(b) For the purposes of paragraph (a) of this subsection, ‘the Minister’, wherever that expression occurs in section 76 of the Housing Act, 1966, and the Third Schedule thereto shall be construed as referring to the appropriate Minister.

(4) (a) The provisions of sections 78, 79, subsection (1) of section 80, sections 81, 82 and 84 of the Housing Act, 1966, and the Fourth Schedule thereto, shall apply in relation to an order made by virtue of this section and any reference in the said sections and subsection and in the said Fourth Schedule as so applied to a housing authority or the Minister shall be construed as a reference as to the local authority or the appropriate Minister, respectively.

(b) The provisions of sections 3, 4, 5 and 49 of the Housing Act, 1966, are hereby extended so as to have effect for the purposes of this section, and any reference in the said sections as so extended to a housing authority or, except in the said section 5, to the Minister shall be construed as a reference to the local authority or the appropriate Minister, respectively.

(c) The provisions of subsection (2) of section 83 of the Housing Act, 1966, shall apply in relation to land acquired by means of an order made by virtue of this section.

(d) Where—

(i) an order is made by virtue of this section, and

(ii) there is a public right of way over the land to which the order relates or any part thereof,

the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.

(e) Where—

(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and

(ii) apart from this paragraph, it would not be obligatory on the Minister to cause a public local inquiry to be held pursuant to the Third Schedule to the Housing Act, 1966,

it shall be obligatory on the Minister to cause the inquiry to be held save where he thinks fit not to confirm the order.

(5) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to acquire land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.

(6) In this section, ‘land’ includes any interest or right over land granted by or held from the local authority acquiring the land.”

(2) In construing a compulsory purchase order made by virtue of the said section 10, the reference in any enactment incorporated therein which, but for this subsection, would by virtue of sub-article (5) of article 5 of the Third Schedule to this Act be construed as a reference to a housing authority, shall be construed as a reference to a local authority.

Amendment of section 10 of Local Government (Ireland) Act, 1898.

87. —In section 10 of the Local Government (Ireland) Act, 1898, the reference, in relation to a local authority, to land or any easements or rights over or in land shall be construed as including a reference to any interest or right over land granted by or held from the authority.