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Dáil Éireann debate -
Wednesday, 27 Apr 1938

Vol. 71 No. 1

Ceisteanna—Questions. Oral Answers. - Acquisition of Leix and Offaly Lands.

asked the Minister for Lands if he will state when preliminary steps were first taken for the purpose of acquiring the lands of the late Lord Castletown, Granstown, Ballacolla, County Leix; what is the cause of the delay in dividing same, and whether a division scheme will be put into operation this year.

Mr. Boland

The lands of Granstown comprising 232 acres and Oldglass comprising 70 acres, on the estate of Lord Castletown, were gazetted on 24th May, 1935, in a notice of intention to declare that they were required for the purposes of Section 31 of the Land Act, 1923. An objection was lodged by the owner, but before the case was heard by the Land Commission the legal decision relative to the Alley estate was given, which in its general application also governed the Castletown estate, and consequently the hearing of the objection was postponed pending the remedial legislation embodied in the Land Act, 1936. On 9th October, 1936, a Provisional List was gazetted in accordance with the provisions of the Land Act, 1936, and the owner's objection to acquisition was heard by the Land Commission on January 27, 1937, when decision was reserved in order to enable the owner's solicitors to submit in writing certain proposals put forward at the hearing. An inspector's report was obtained on these proposals, but the case is held up for the present owing to its being governed (with many others) by an adverse legal decision (the Maher case) relative to procedure by the Land Commission for the compulsory acquisition of untenanted land.

In the circumstances it is impossible to state at present whether or when the lands will be acquired and divided.

asked the Minister for Lands if he will state what action, if any, has been taken for the purpose of acquiring the McCann and other large estates in the Shinrone area, County Offaly, and whether the repeated claims of the cottage tenants living in and around the village of Shinrone will be considered when division schemes are being prepared and put into operation.

Mr. Boland

The Land Commission have decided to take no action for the acquisition of the McCann estate, Shinrone.

Inquiries are in progress regarding a number of estates, totalling over 800 acres, in this area, and the claims of all persons eligible for allotments will be considered in the event of any of the lands being acquired.

asked the Minister for Lands if he will state the cause of the delay in acquiring the O'Brien estate, Ballydavis, Portlaoighise, County Leix; whether a division scheme has been prepared and sanctioned, and, if so, when same will be put into operation.

Mr. Boland

The estate in question appears to comprise two holdings in the townland of Ballydavis in the occupation of the representatives of James O'Brien. Notice of intention to apply to the Appeal Tribunal for leave to resume one of these holdings containing five acres and a portion containing some 100 acres of the other holding was served by the Land Commission on the persons interested in the tenancy of the holding and a provisional scheme of division was prepared and approved. As all these persons have not consented to a resumption order being made, further proceedings are held up owing to an adverse judicial decision which governs this case among others.

In the circumstances it is not possible to state at present whether or when the lands will be resumed and divided.

Will the Minister say how it is proposed to deal with these adverse decisions?

Mr. Boland

In the form of a Bill.

Is it the intention to introduce legislation?

Mr. Boland

Yes, that is the intention.

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