asked the Minister for Lands who is the deciding authority in the case of an appeal by an owner against a decision of the Land Commission to acquire a farm of land; whether it is a statutory body, and under what authority it is constituted; how many members constitute the body; whether a quorum is necessary, and, if so, how many; the names of the members and their conditions of employment and tenure; whether their decision is final; and, if not, to whom it may be appealed.
Ceisteanna—Questions. Oral Answers. - Appeals Against Acquisition of Land.
52.
Presumably the question relates to objections by landowners whose lands have been included in provisional lists under the compulsory acquisition procedure.
The points in question are governed by various provisions in the Land Acts —notably, section 28 of Purchase of Land Act, 1891, section 4 of Land Law (Commission) Act, 1923, section 25 of Land Act, 1936, section 12 to 15 of Land Act, 1950, and the Land Act, 1954.
Under the statutes, every objection has to be heard in public by at least two of the Land Commissioners other than the Judicial Commissioner. Their decision is final subject to appeal to the Appeal Tribunal on questions of law or value. The Appeal Tribunal consists of the Judicial Commissioner, who has to be a judge of the High Court. There may be a further appeal, from the Appeal Tribunal to the Supreme Court on questions of law.
The present Land Commissioners other than the Judicial Commissioner are John T. Hannon and Edmund T. Sweetman. They hold office subject to the statutory provisions, including retirement at the age of 67 years.