Dáil Éireann Debate, Thursday - 23 November 2017
91. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the position regarding lands at a location (details supplied) for which Fingal County Council sought a deed of waiver in order to transfer the land to Fingal County Council ownership; and if he will make a statement on the matter. [49730/17]
View answerUnder Section 28(2) of the State Property Act, 1954, land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than 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 up to 20 years after dissolution.
The Minister for Public Expenditure and Reform has the discretion, under Section 31 of the State Property Act 1954, to waive property that has devolved to the State under Section 28, if he believes it is proper to do so having regard to all the circumstances of the case.
I understand that the land in question is on Charlestown Road, Dublin 11 and incorporates lands at Lanesborough Park. The land is registered to a company that dissolved in 2011.
My officials have been in discussions with Fingal County Council in relation to waiving the lands to them and are awaiting the completion of relevant application documentation for forwarding to the Chief State Solicitor’s Office for consideration, in order to progress the matter.
