Land Act , 1950

1 Short title, construction and citation.

1.—(1) This Act may be cited as the Land Act, 1950.

(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.

2 The Minister.

2.—In this Act the expression “the Minister” means the Minister for Lands.

3 Rules and Regulations.

3.—(1) The power of making rules conferred by sub-sections (1) and (2) of section 3 of the Land Act, 1933 (No. 38 of 1933), shall extend to and be exercisable for making rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of this Act.

(2) The Minister for Finance may make rules and regulations for carrying into effect the provisions of this Act relating to land purchase finance, and may by such rules or regulations adapt to the requirements of this Act any provisions relating to land purchase finance contained in any Act passed before this Act.

(3) In this Act the word “prescribed” means prescribed by the appropriate rules or regulations authorised by this section.

4 Payments and Expenses.

4.—The payments made and expenses incurred by the Minister and by the Land Commission in giving effect to this Act and in the administration thereof shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5 Price of land.

5.—(1) The following provisions shall have effect where the price of land is fixed after the passing of this Act under sub-section (2) of section 25 of the Land Act, 1923:—

(a) the said sub-section shall have effect with the substitution of the words “the amount to be so fixed shall be an amount equal to the market value of the land” for the words “in fixing such sum regard shall be had to the fair value of the land to the Land Commission and the owner respectively”,

(b) where in the opinion of the Lay Commissioners or the Appeal Tribunal (as the case may be) it would be inequitable that the Land Commission should acquire the land for a price fixed on the basis of market value, the Lay Commissioners or the Appeal Tribunal (as the case may be) in fixing the price may include therein compensation to the owner for disturbance, and may also include therein, if satisfied that damage will be sustained by the owner by reason of the acquisition of the land as affecting his user of other land or otherwise causing injury to such other land, compensation for that damage.

(2) Where—

(a) the price of untenanted land acquired or purchased by the Land Commission was determined before the passing of this Act whether by agreement or by the fixing thereof under sub-section (2) of section 25 of the Land Act, 1923, and

(b) the Land Commission took possession of the land on or after the 1st day of December, 1949, and before the passing of this Act or take possession of the land after the passing of this Act,

the following provisions shall have effect:

(i) application may be made to the Land Commission within six months after the passing of this Act for redetermination of the price of the land,

(ii) on such application being duly made, the price of the land shall again be determined and shall be determined either by agreement or, in default of agreement, by the fixing of the price (as at the date of the previous determination of the price) under sub-section (2) of section 25 of the Land Act, 1923, and sub-section (1) of this section,

(iii) if the price so determined is greater than the price previously determined, it shall have effect in lieu of the latter price,

(iv) the Land Commission shall, where appropriate, make an additional advance and issue additional land bonds (bearing the same rate of interest as the land bonds already issued or decided to be issued) for the purchase of the land, and thereupon there shall be payable by the Land Commission, to the person entitled to the receipt of the rents and profits of the land immediately before possession thereof was or is taken by the Land Commission, a sum equal to interest (less income tax) on the additional land bonds so issued from the date on which the land vested in the Land Commission or the date on which the Land Commission obtain possession of the land (whichever is the later) to the date of the issue of the additional land bonds and that sum shall be in lieu of such (if any) interest as may be appropriate under sub-section (1) of section 2 of the Land Act, 1923,

(v) the agreement or fixing of the price by virtue of this sub-section shall not be regarded for the purposes of sub-section (1) of section 8 of this Act as having occurred after the passing of this Act.

6 Acquisition or resumption price where possession of land was taken under Article 38 of Emergency Powers Order, 1939.

6.—Where—

(a) possession has, whether before or after the passing of this Act, been taken of any land under Article 38 of the Emergency Powers Order, 1939 (S. R. & O., No. 224 of 1939), and

(b) the value of the land has been increased by any works carried out on the land at the cost of a Minister of State, the former Turf Development Board Limited, or Bord na Móna during the period for which possession of the land was retained under the said Article 38, and

(c) the land is, within five years after possession thereof under the said Article 38 has been terminated, acquired or resumed under the Land Purchase Acts,

then, in fixing the price or compensation on the acquisition or resumption under those Acts and notwithstanding any other provision of this or any other Act, no account shall be taken of, or compensation allowed in respect of, any such increase in value.

7 Acquisition or resumption price where land or right was acquired or exercised under Emergency Powers (No. 310) Order, 1944.

7.—Where—

(a) any land or right in respect thereof has, whether before or after the passing of this Act, been acquired or exercised by any person pursuant to the Emergency Powers (No. 310) Order, 1944 (S. R. & O., No. 51 of 1944), and

(b) the value of the land or right has been increased by any works carried out on the land at the cost of such person, a licensee of such person or a Minister of State during the period for which the land or right was acquired or exercised, and

(c) the land is, within five years after the termination of the acquisition or exercise, acquired or resumed under the Land Purchase Acts,

then, in fixing the price or compensation on the acquisition or resumption under those Acts and notwithstanding any other provision of this or any other Act, no account shall be taken of, or compensation allowed in respect of, any such increase in value.

8 Cesser of redemption of purchase annuities in certain cases.

8.—(1) In any case in which the price of land purchased or acquired by the Land Commission is agreed upon or fixed after the passing of this Act, the following provisions shall have effect if section 14 of the Land Act, 1923, and sub-section (1) of section 6 of the Land Act, 1936, would, apart from this sub-section, apply in relation to such case:

(a) that section and sub-section shall not so apply,

(b) where a funding annuity is charged on the land—

(i) the funding annuity shall be redeemed out of the purchase money of the land by the sale of sufficient of the land bonds representing such purchase money to pay the redemption price of the funding annuity, and

(ii) the redemption price of the funding annuity shall be ascertained in accordance with section 22 of the Land Act, 1933,

(c) where any sum whatsoever is or becomes due to the Land Commission in relation to the land, in respect of any period ending on or before the day on which the Land Commission obtain possession of the land, that sum (including costs and expenses, if any, properly incurred in seeking the recovery thereof) shall be regarded and dealt with as a claim attaching to the purchase money of the land. For the purposes of this paragraph, where any purchase annuity, annual sum or other payment is payable under the Land Purchase Acts in respect of the land and the date on which the Land Commission obtain possession of the land is not a gale day, such purchase annuity, annual sum or other payment shall be apportioned up to that date and shall be deemed to have accrued from day to day.

(2) So much of section 56 of the Land Act, 1927, as follows after the words “the original advance has been redeemed” shall not apply in any case in which the agreement mentioned in that section is entered into after the passing of this Act.

9 Redemption of reclamation annuities.

9.—Where any land, being land on which a reclamation annuity under the Land Reclamation Act, 1949 (No. 25 of 1949), is charged, is acquired, resumed or purchased (otherwise than by means of a purchase under section 27 of this Act) by the Land Commission, the following provisions shall have effect notwithstanding any other provision of this or any other enactment:—

(a) the reclamation annuity shall, whether it does or does not stand consolidated with a purchase annuity in accordance with sub-section (4) of section 3 of the said Act, be redeemed out of the purchase money of the land or the resumption price (as may be appropriate);

(b) if such purchase money or resumption price is payable in land bonds, the redemption shall be effected by the sale of sufficient of the land bonds representing such purchase money or resumption price to pay the redemption price of the reclamation annuity.

10 Advances for purchase of lands in certain cases.

10.—(1) Where any land which is subject to a purchase annuity or an annual sum equivalent to a purchase annuity is acquired or purchased by or vested in the Land Commission, the Land Commission may, notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891, make an advance to a purchaser of such land or any part thereof.

(2) An advance made in pursuance of this section shall be repaid by means of a purchase annuity calculated at the prescribed rate, and such purchase annuity shall be consolidated (in accordance with the prescribed provisions) so far as circumstances admit with the existing purchase annuity (if any) or the appropriate apportioned part thereof.

(3) A purchase annuity in repayment of an advance made under this section or so much of a consolidated purchase annuity as is attributable to an advance made under this section shall be disposed of in such manner as the Minister for Finance shall direct.

(4) The Land Commission shall have for the recovery of any payment due by any purchaser referred to in sub-section (1) of this section the same remedies as they have for the recovery of unpaid instalments of purchase annuities.

11 Cesser of certain payments.

11.—(1) Where—

(a) land stands acquired by, purchased by, transferred to or vested in the Land Commission,

(b) the land is subject to a payment to the Land Commission or the Commissioners of Public Works in Ireland, and

(c) the Land Commission, with the consent (whether general or particular) of the Minister for Finance, direct that the payment shall cease as on and from a specified day,

the payment shall cease as on and from the day so specified and the land shall stand discharged therefrom accordingly.

(2) Where a direction is given under sub-section (1) of this section, the payment to which the direction relates shall, where appropriate, be apportioned up to the day specified in the direction and shall be considered as accruing from day to day for the purposes of this provision.

(3) A deficiency in the local loans fund, purchase annuities fund or land bond fund arising out of the cesser under sub-section (1) of this section of any payment shall not be a charge on the guarantee fund.

(4) A deficiency in any account or fund (other than the purchase annuities fund) arising out of the cesser under sub-section (1) of this section of any payment shall be made good to the account or fund out of moneys provided by the Oireachtas at such times and in such manner as the Minister for Finance directs.

(5) Where—

(a) land has been discharged under sub-section (1) of this section from any payment, and

(b) any annuity or annual sum is subsequently set up in respect of the land,

any payments made to the Land Commission in respect of such annuity or annual sum shall be applied in such manner as the Minister for Finance shall direct.

12 Exercise of powers by the Minister, etc.

12.—(1) The following matters shall be excepted matters for the purposes of this section:—

(a) the determination of the persons from whom land is to be acquired or resumed;

(b) the determination of the actual lands to be acquired or resumed;

(c) the determination of the price to be paid for land so acquired or resumed;

(d) the determination (other than any determination arising in or being part of a re-arrangement scheme) of the persons to be selected as allottees of any land;

(e) the determination (other than any determination arising in or being part of a re-arrangement scheme) of the price at which land is to be sold to any such allottee;

(f) the determination whether a tenant or proprietor would be or would not be entitled to require the Land Commission to resume or acquire the whole of his lands and provide him with a new holding and the determination of the new holding to be provided for a tenant or proprietor whose land is resumed or acquired by the Land Commission;

(g) the determination whether or not a holding has been used by the tenant or proprietor thereof as an ordinary farm in accordance with proper methods of husbandry;

(h) the determination of the amount of any standard purchase annuity;

(i) the determination whether any particular holding of tenanted land or parcel of untenanted land shall vest in the Land Commission on the appointed day;

(j) the determination of the sporting rights, fishing rights and fisheries to be vested in the Land Commission, the prices to be paid for them, the persons to whom the fishing rights and fisheries are to be resold and the prices to be charged for them;

(k) the determination of the easements and rights to be conferred, defined, extended or extinguished and any questions of compensation relating thereto;

(l) the determination of the bogs for which turbary regulations are to be made and the making of the regulations;

(m) the determination of the highest offer to be made by the Land Commission in the case of a proposed purchase under section 27 of this Act;

(n) the determination whether or not a gratuity is to be paid under section 29 of this Act and, if it is to be paid, the amount thereof.

In this sub-section, the expression “re-arrangement scheme” means a scheme for the re-arrangement of lands held in rundale or intermixed plots whether with or without the distribution of other lands to facilitate the said re-arrangement, such other lands being either adjoining any of the lands held in rundale or intermixed plots or not more distant than three miles from any of such rundale lands or such intermixed plots.

(2) Any power or duty for the time being vested by law (including this Act) in the Land Commission or the Lay Commissioners may, save in relation to excepted matters, be exercised or performed by—

(a) the Minister, or

(b) any officer of the Minister or the Land Commission for the time being authorised, whether specifically or by reference to a class of such officers, in that behalf by the Minister.

(3) The Land Commission, in the exercise and performance by the Land Commission of the powers and duties for the time being vested in it by law (including this Act), and the Lay Commissioners, in the exercise and performance by the Lay Commissioners of the powers and duties for the time being specifically vested in them by law (including this Act), shall, save in relation to excepted matters, act under and in accordance with the directions, whether general or particular, of the Minister, and the Minister shall have and may exercise, if and so far as he shall think proper, full and unrestricted power of regulating and controlling every and any exercise or performance by the Land Commission or the Lay Commissioners (as the case may be) of any such power or duty not relating to an excepted matter and also power of reserving to himself rights of approval and disapproval or of reconsideration, revision and confirmation of every or any act done by the Land Commission or the Lay Commissioners not relating to an excepted matter or done by any officer in the exercise or performance by virtue of sub-section (2) of this section of any power or duty.

(4) All powers and duties for the time being vested by law (including this Act) in the Land Commission or the Lay Commissioners in relation to an excepted matter shall be exercised and performed in all respects as if this section and section 6 of the Land Act, 1933, had not been enacted, save that—

(a) any appeal which may lie by law from the determination of an excepted matter shall lie to the Appeal Tribunal, and

(b) the Minister may, whenever and so far as he thinks proper, arrange by reference to the class or classes of case or the county or counties in which the land concerned is situate the distribution amongst the Lay Commissioners of their work in relation to the excepted matters, but not so as to allocate any particular case or land to any particular Lay Commissioners.

(5) Where the Minister or an officer exercises or performs by virtue of sub-section (2) of this section any power or duty, he may exercise or perform the power or duty—

(a) in his own name, or

(b) in the name of the Land Commission or the Lay Commissioners.

(6) Where a power or duty is exercised or performed by virtue of sub-section (2) of this section by the Minister or an officer, the exercise or performance of the power or duty, and any thing done in such exercise or performance, shall be as valid and effectual as if the exercise or performance of the power or duty or the doing of the thing were by (as may be appropriate) the Land Commission, the Lay Commissioners or, where the power or duty may be exercised or performed or the thing may be done by a particular number of Lay Commissioners (including one Lay Commissioner acting alone), by that number of Lay Commissioners, and, in particular, shall not be open to challenge or question by objection, appeal or otherwise on the ground of absence of concurrence in, consent to or cognisance of the exercise or performance of the power or duty, or the doing of the thing, whether on the part of the Land Commission, the Lay Commissioners or any of them, or of any other person.