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Dáil Éireann debate -
Wednesday, 7 May 1930

Vol. 34 No. 12

Ceisteanna—Questions. Oral Answers. - Acquisition of Sallins Lands.

asked the Minister for Lands and Fisheries whether it is the intention of the Land Commission to acquire for the purpose of tillage as provided for in Section 69 of the Land Act, 1923, and Sections 4 and 20 (2) of the Irish Land Act, 1903, the lands containing 18 acres 2 roods 14 perches, held by Mr. A. M. Aylmer, of Kerdiffstown, Sallins, and let by him to the Kildare Board of Health, at a rent of £35 0s. 0d. per annum; whether he is aware that these lands are let in allotments to plot-holders, 38 in number, mostly agricultural labourers, for the last 13 years by the Board of Health; and whether he will instruct the Land Commission to use the powers conferred upon them by the above-mentioned sections, to expedite the acquisition of the lands.

The owner of the estate has not included in the schedules lodged by him the plot referred to, which is let by him to the Kildare County Board of Health at the rent of £35, as he contends that it is not tenanted land as defined by the Land Act, 1923, on the grounds that the letting is one for temporary convenience. The Secretary of the Kildare County Board of Health was informed by the Land Commission on the 22nd March last of owner's contention, and that it is open to the Board of Health to apply to the Judicial Commissioner for a declaration as to whether the holding is or is not one to which the Land Act, 1923, applies. It is also open to the Board of Health to apply to the Land Commission for an extension of the time for objecting to the provisional list of lands to be vested in the Land Commission, and then to object to the list by reason of the non-inclusion of the plot.

Can the Parliamentary Secretary say whether or not the Land Commission is empowered under the sections of the 1903 Act to acquire this land?

Then what is the object of carrying these sections forward to the 1923 Act?

As I have pointed out, it is open to the Board of Health to make application for a declaration; it is really a matter for the County Board of Health.

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