Dáil Éireann Debate, Tuesday - 8 February 2005
255 Mr. Kenny asked the Minister for Finance if he will report on the procedures which must be followed when the State or any of its agencies wish to dispose of real property; if tendering is mandatory in all cases; and if he will make a statement on the matter. [3851/05]
View answerThe procedures which must be followed when the Office of Public Works disposes of property are set down in the State Property Act 1954 and a number of delegated or specific financial sanctions. Section 10(2) of the State Property Act states: A State authority may, in respect of any State land for the time being vested in that State authority, do all or any of the following things—
(a) sell such State land or any part thereof,
(b) exchange, on such terms (including payment or receipt of money for equality of exchange) as such State authority may determine, such State land or any part thereof for any other land,
(c) make a grant gratuitously of such State land or any part thereof for any specified purpose,(d)make a lease of such State land or any part thereof for any term.
The Act further states in sub sections (3) and (4):
(3) Every sale of State land under paragraph (a) of subsection (2) of this section shall be made for such consideration in money or money's worth as the State authority selling it shall determine.
(4)(a) Every grant of State land under paragraph (c) of subsection (2) of this section shall contain such covenants, conditions and agreements (including a right of re-entry on breach thereof) as the State authority making the grant shall determine and shall agree upon with the person to whom the grant is made.
In cases where land or property has been identified as surplus to requirements, the Commissioners of Public Works preferred option is to dispose of same on the open market; by tendering or public auction.
In certain circumstances the OPW may dispose of property by: sale or grant to a local authority; sale to the neighbouring landowners in the case of a landlocked site; or (3) sale by private treaty to a sitting tenant. The proceeds of sale are generally returned to the Exchequer.
