Brendan Griffin
Question:208. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform his views on a matter (details supplied) regarding folios; and if he will make a statement on the matter. [34384/16]
View answerThursday, 10 November 2016
Questions (208)
Written answers
Under Section 28(2) of the State Property Act, 1954, personal property and land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than personal property or land held by such body in trust for another person) becomes property of the State in the person of the Minister for Public Expenditure and Reform. The interest acquired by the Minister is described as a defeasible interest as it may be defeated by restoration of the company which can happen up to 20 years after its dissolution.
The detail and the circumstances of the lands, the subject of this question, are not known to the Commissioners of Public Works. By their nature such property issues are often complex and therefore it should not be assumed that the State Property Act 1954 applies until a full due-diligence exercise is completed. The resolution may lie outside of the State Property Act 1954 and any interested party should first seek independent legal advice on the options available to them. Should it be determined that the provisions of the State Property Act 1954 apply then direct contact can be made with officials in my office. I would however caution that the Act, if applicable, only gives me as Minister limited powers to resolve these situations.