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Dáil Éireann debate -
Tuesday, 25 Feb 1975

Vol. 278 No. 7

Ceisteanna—Questions. Oral Answers. - Laois Estate.

14.

asked the Minister for Lands when proceedings were introduced for the compulsory acquisition of the Gorman estate in County Laois; and the reason for the delay in taking possession of this holding.

Proceedings for the acquisition of the property referred to were instituted in November, 1959.

The owner resides in England and it was not possible to bring the case to its final stages until November, 1972, when an appeal on price was struck out. The lands were vested in the Land Commission on 17th May, 1974, but possession was refused and in the event of its not being forthcoming at an early date the Land Commission propose to apply to the judicial commissioner for an order for possession pursuant to section 19 of the Land Act, 1927.

In view of the background to this case where the Land Commission were impeded at every opportunity since 1959, does the Minister not think that giving a further opportunity to the owner at this time to hand over possession is a useless exercise? Why that alternative should be offered and why the Land Commission should not be going ahead with the straightforward seeking of the court order at this stage I cannot understand. Why waste more time?

I have made inquiries about this and have been assured that normal procedures are being followed.

I appreciate the Minister's problem as he is dealing with an unfamiliar brief. He said that the Land Commission's title was registered early in 1974.

That is right.

Is the Minister aware that I was told 12 months ago that the actual taking of possession was only a matter of form at that stage? Why should this technicality arise? Why should the Land Commission not go ahead and get the court order under existing powers?

An effort is now being made to get the owner to hand over possession voluntarily on 11th March, 1975. If this does not prove successful, a court order for possession of these lands will be sought.

The experience of 1959 proved it will not be successful. After 15 years the Land Commission should have learned a lesson.

I cannot give a further undertaking.

Question No. 15 postponed.

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