asked the Minister for Lands if he will state whether the Land Commission propose to acquire the estate of Mr. L. Nolan, Rosetown and Gragadder, Kilcock, County Kildare; and, if so, how the matter now stands.
Ceisteanna—Questions. Oral Answers. - County Kildare Lands.
The Land Commission published a notice of intention to apply to the Appeal Tribunal for leave to resume the holding of Elizabeth Mary Nolan (formerly Luke Nolan) containing 339a. 2r. 0p. in the townlands of Rosetown and Gragadder on the Aylmer estate, County Kildare. A petition against resumption lodged on behalf of the tenant was heard on 20th February, 1941, and refused by the Lay Commissioners. Subsequently an application was made to the Appeal Tribunal by the Land Commission for an order authorising the resumption of the holding but this application was adjourned as the tenant instituted High Court proceedings against the Land Commission and the Attorney-General of Eire for a declaration that the provisions of Sections 7 to 11 of the Land Act, 1933, are ultra vires the Constitution, for a declaration that certain provisions of the Act of 1939 relating to resumption are also ultra vires the Constitution and for an order restraining the Land Commission from prosecuting further the application made by them for leave to resume the holding. The High Court proceedings are still pending.
asked the Minister for Lands if he will state whether the Land Commission have acquired the lands of Michael and Joseph Cussen, on the Cloncurry estate, at Killeighter, Kilcock, County Kildare; and, if so, when it is proposed to divide the lands.
A notice under Section 39, Land Act, 1939, was published by the Land Commission in respect of the holding of Michael and Joseph Cussen, containing 371a. 2r. 29p., on the Cloncurry estate at Killeighter. A petition against resumption was lodged by the tenants and is still pending for decision.
Is the Minister aware that that is exactly the same reply as that which he gave to me on 6th March, 1941? Will the Minister say whether the matter has been taken any further since he gave that reply?
I do not know whether I explained to the Deputy that it was found necessary to investigate a question of sub-division of the holding and of certain plots on a previous occasion. The position now is that even if a decision to disallow the petition is arrived at, in view of the circumstances which I indicated to the Deputy a few weeks ago, it is very doubtful whether proceedings for acquisition can now be initiated.
Why?
Because we have closed down on all new proceedings for acquisition. We have not got the staff, and it is almost impossible for the Land Commission to deal with even the routine business with which they have to deal, and which, if not dealt with, would result in serious loss to tenant purchasers.