asked the Minister for Lands when proceedings were first introduced for the acquisition of the Gorman estate, County Laois (Rec. No. S. 21771); when the price was fixed for this estate; and if he will make a comprehensive statement on the reason for the delay by the Land Commission in taking possession of these lands.
Ceisteanna—Questions. Oral Answers. - Laois Estates.
14.
, Cavan): I would refer the Deputy to my reply to his parliamentary question of 25th February, 1975, in this matter.
Since that date the person claiming owership of the lands made certain proposals which had to be considered by the Land Commission. In the event, the proposals made were not acceptable and steps are now being taken to apply for an immediate order for possession.
Can the Minister give me any idea as to when these obstacles will be overcome? Is the Minister not aware from his files that any objections raised by the owner are genuinely technical and were made in order to hold up the takeover?
(Cavan): Indeed I am aware the Land Commission have been proceeding against the line of most resistance in this case since the beginning. Proceedings commenced in 1959. The owner objected and his objection was disallowed in 1963. The price was not fixed until 12th February, 1970. The owner appealed against the price but did not turn up and was not represented at the hearing, which was dismissed in October, 1972. Since then the Land Commission have been endeavouring to obtain possession and the appointed day was fixed for 17th May, 1974. The file was referred to the solicitor's branch on 5th May, 1975, with instructions to get possession with a minimum of delay. Even at this stage the question of ownership is not clear. The gentleman I have been talking about may not be the absolute owner: he has one sister out of the country and a sister in the country who may have interests in the estate. The Deputy will see this is a classic case of all sorts of obstacles and obstructions in the way of the Land Commission.
Is the Minister saying that the instruction was issued to the solicitors in May of last year and that nothing has been done about it since?
(Cavan): Instructions were issued in May last year and then the gentleman came back with counter proposals which, I assume, were delaying tactics. The Land Commission had a look at the counter proposals and did not accept them.
Will the Minister arrange to have the matter expedited?
(Cavan): Yes.
15.
asked the Minister for Lands when the Land Commission hopes to take possession of the Noonan estate, County Laois (Rec. No. S. 27780).
(Cavan): It is hoped to take possession of the lands being acquired by the Land Commission on this estate in the very near future.
Are the Land Commission endeavouring to negotiate the sale of the house and portion of the lands——
(Cavan): The Deputy may be glad to hear that the main building, which the Land Commission do not want, and portion of the land have been excluded and that matter has been disposed of by the Appeals Tribunal since last month. If it will help the Deputy I can tell him that in the near future possession will be taken of the remainder of the lands.
The Minister agreed with me when I said the owner had exploited the position and cashed in. I would ask the Minister now to arrange that, when the Land Commission exclude the house and portion of the land, the owner is not given an opportunity of doubling his money by being allowed to buy back the house and land at a price he can double the following morning as he did in relation to the estate itself.
(Cavan): The original price was fixed by the Appeals Tribunal, which is constituted of a judge of the High Court. Neither I nor the Land Commission have any control. The amended price was also fixed by the Appeals Tribunal.