asked the Minister for Agriculture the steps the Land Commission have taken to acquire the Dillon estate, Rafain and Annaghbride, Loughrea, County Galway.
Ceisteanna—Questions. Oral Answers. - County Galway Estate.
18.
As the Deputy is aware, the property referred to has already vested in the Land Commission but a difficulty arose in regard to the ownership of a small area of the lands. This has now been resolved but I understand possession is still not forthcoming and the Land Commission are applying for an order for possession. It is expected that the application will be made within the next month or so.
Am I to take it that title has now been established and that the Land Commission can go ahead with acquisition? There was a dispute over title, because I put down a question two years ago and got the reply that the matter was in course of investigation. May I take it that everything is all right and that acquisition will go ahead?
Yes, it would appear from the information I have that that is so.
Can I be certain of that, because I was told two years ago that there was something wrong with the title but that that difficulty would be overcome in a very short time. I would be very happy if the Minister could assure me that acquisition can now go ahead.
I have a note here which says that a further effort to obtain possession was made in November, 1975, but Messrs. A.D. Comyn, solicitors, Loughrea, stated the registered owner of the lands had died in 1974 and they had been unable to get any instructions from his widow who lived in Dublin. Following a report on the use being made of the land, the case was referred to the Land Commission solicitor of 18th June, 1976, to proceed for an order for possession. The solicitor is awaiting a reply to his recent letter to Messrs. M.T. Smith and Co., solicitors, Dawson Street, Dublin, who now act for Mrs. Dillon, as to whether they are prepared to accept the notice of motion for possession proceedings.
We seem to be bogged down again owing to the fact that somebody died in 1974, if I heard correctly. As Deputy Blaney said, the amplification is so bad here that one would need to shout to be heard. However, am I to take it that difficulties have been got over, because the Minister's answer to my supplementary questions seems to indicate difficulties have arisen again. I would not put down any question here if I could get my information through the normal channels, the Land Commission.
It is very difficult to get completely clear information. A further note says that if they are, the order for possession will be applied for before the end of March, but if they are not prepared to accept service or if they do not reply, it will be necessary to apply to the court for directions as to service. This application will be made on 21st March and the order for possession can then be sought within a fortnight or so.
It appears, therefore, that there is some titled owner if the Land Commission are so certain that they can get possession through the courts. Am I to take it that if the Land Commission do not get voluntary possession, they can take the matter to court?
That appears to be the programme they have laid out.
It is not too clear.
I agree it is not 100 per cent clear.