John O'Donoghue
Question:109 Mr. O'Donoghue asked the Minister for Agriculture, Food and Forestry the present position in relation to the proposed division of a commonage at Dooks, Glenbeigh, County Kerry.
Written Answers. - Division of Commonage.
The Land Commission must use compulsory procedures to divide the commonage at Dooaghs because some of the shareholders are objecting to its division. The Land Commission is awaiting the final result of a High Court case involving the compulsory division of a commonage in County Mayo. Judgment was given in the Mayo case in March 1992 when the court directed that certain matters in that case should be clarified before returning the case to the court. Among these was the question of compliance with planning legislation. Subsequently the matter was referred to An Bord Pleanála. Last year the decision of An Bord Pleanála was appealed to the High Court. This second appeal must be concluded before the initial appeal is resolved. This is the first referral of the legislation used in the compulsory division of commonages to the High Court and the Land Commission will reassess the procedures it uses in these cases in the light of the judgment of the court. In the meantime if the shareholders reach agreement on the question of the division of the commonage they should apply to their local Land Commission office for assistance in dividing the commonage using voluntary procedures.
John O'Donoghue
Question:110 Mr. O'Donoghue asked the Minister for Agriculture, Food and Forestry the present position in relation to the proposed division of a commonage at Shanacknock, Waterville, County Kerry.
An application to divide this commonage has been received by the Land Commission. If it is to be divided the Land Commission must use compulsory procedures because some of the shareholders are objecting to its division. The Land Commission is awaiting the final result of a High Court case involving the compulsory division of a commonage in County Mayo. In the Mayo case the court directed in March 1992 that certain matters should be clarified before returning the case to the court. Among these was the question of compliance with planning legislation. Subsequently the matter was referred to An Bord Pleanála. Last year the decision of An Bord Pleanála was appealed to the High Court. This second appeal must be concluded before the initial appeal is resolved. This is the first referral of the legislation used in the compulsory division of commonages to the High Court and the Land Commission will reassess the procedures it uses in these cases in the light of the judgment of the court. In the meantime if the shareholders reach agreement on the question of the division of the commonage they should apply to their local Land Commission office for assistance in dividing the commonage using voluntary procedures.
John O'Donoghue
Question:111 Mr. O'Donoghue asked the Minister for Agriculture, Food and Forestry the present position in relation to the proposed division of a commonage at Goulanes, Castlecove, County Kerry.
The Land Commission must use compulsory procedures to divide the commonage at Gowlanes because some of the shareholders are objecting to its division. The Land Commission is awaiting the final result of a High Court case involving the compulsory division of a commonage in County Mayo. Judgment was given in the Mayo case in March 1992 when the court directed that certain matters in that case should be clarified before returning the case to the court. Among these was the question of compliance with planning legislation. Subsequently the matter was referred to An Bord Pleanála. Last year the decision of An Bord Pleanála was appealed to the High Court. This second appeal must be concluded before the initial appeal is resolved. This is the first referral of the legislation used in the compulsory division of commonages to the High Court and the Land Commission will reassess the procedures it uses in these cases in the light of the judgment of the court. In the meantime if the shareholders reach agreement on the question of the division of the commonage they should apply to their local Land Commission office for assistance in dividing the commonage using voluntary procedures.