asked the Minister for Lands when the Land Commission propose to finalise proceedings for the acquisition of the Molloy estate, Kinnitty, County Offaly.
Ceisteanna—Questions. Oral Answers. - Offaly Estate.
20.
(Cavan): The Land Commission have been endeavouring to complete the purchase of the property referred to on a voluntary basis for some time. Due to legal difficulties, however, it has not been possible to bring the matter to finality and the Land Commission are now considering what further steps they will take in the matter.
Am I to take it from the Minister's reply that when the Land Commission have finished considering their further steps they will go ahead with the introduction of compulsory proceedings?
(Cavan): The Deputy may, or may not, be aware that the lands were offered to the Land Commission in 1966 and agreement on price was reached in November, 1966. Satisfactory evidence of title was not lodged and it was decided that proceedings be instituted for the specific performance of the contract. The owner died since the signing of the contract and proceedings must be taken against the next of kin or the personal representative. As no administration or letters of administration had been extracted that created a further difficulty. The Deputy will appreciate that in so far as the voluntary acquisition of land is concerned there was a chapter of accidents outside anybody's control. The Land Commission are now considering going ahead by way of compulsory acquisition.
Is the Minister satisfied that the representative of the late owner of the estate cannot dispose of the estate to whoever he wishes and that the Land Commission consequently may not be able to get the estate at all?
(Cavan): If there is a binding contract between the Land Commission and the late owner then his representatives could not sell without reference to the Land Commission. At any rate, the Land Commission have their compulsory powers independent of the contract.