Dáil Éireann Debate, Tuesday - 8 March 2022
218. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform if an issue raised in correspondence by a person (details supplied) regarding land in the ownership of the OPW will be addressed; and if he will make a statement on the matter. [12631/22]
View answerMy officials have not had sight of the correspondence referred to in this case. If the Deputy could forward relevant details on the issue my officials should then be in a position to ascertain the position in this case.
If the property in question is owned by a dissolved company Section 28 of the State Property Act 1954 may apply. This section of the Act provides that land held by a dissolved company at the time of its dissolution becomes property of the State in the name of the Minister for Public Expenditure and Reform. An exception to this is where the company held the land on trust for another.
Companies that are dissolved can be restored up to twenty years after dissolution, and if restored the land they held at dissolution reverts to them as if the company had never been dissolved. The Minister's interest is often referred to as a defeasible interest. These provisions are primarily intended to ensure that land is not ownerless. Land can seamlessly transfer into and out of the Minister's ownership without his active occupation or involvement.
The Office of Public Works (OPW) administers property of dissolved companies on behalf of the Minister for Public Expenditure and Reform. This includes the processing of applications for waivers of the Minister's interest to parties that are regarded as having an entitlement.
An examination of the referenced correspondence may provide some further insight to the status of the property.
I hope my outlining of the general position above is helpful.
