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Dáil Éireann díospóireacht -
Wednesday, 4 Nov 1953

Vol. 142 No. 9

Ceisteanna—Questions. Oral Answers. - Acquisition and Division of Lands.

asked the Minister for Lands if, in regard to the lands of Mr. Patrick J. O'Donovan, Keelogue, Shinrone, Birr, County Offaly, he is aware that the Land Commission decided in July, 1952, to acquire these lands and served a notice on the owner to the effect that they were being acquired for division and the relief of local congestion; that in March, 1953, an offer of £2,000 was made to the owner who appealed against the offer on the grounds that the lands were of greater value and that in July, 1953, the case was heard by the court and£3,000 fixed as the price; that on 3rd September, 1953, the Land Commission served notice of withdrawal on the owner, indicating that they had decided not to proceed further; and, if so, whether, in view of the great inconvenience and expense occasioned to the owner, and the great disappointment caused to many local applicants for land, the Land Commission will reconsider their decision in the case.

The price of these lands was fixed by the Appeal Tribunal at £3,000. Under Section 24 of the Land Act, 1927, the Land Commission may, at that stage withdraw from the proceedings "if they consider that the price fixed is such as to make the purchase of the land ... inexpedient." The owner, however, is at liberty to lodge notice of objection to the withdrawal and to have his reasons argued before the Judicial Commissioner who may, if the objection is reasonable, declare that the Land Commission's notice of withdrawal is void and of no effect.

In this instance, the Land Commission served notice of withdrawal; the owner objected and the Judicial Commissioner disallowed his objection. The proceedings are, accordingly, discontinued.

The same section of the Act provides that in such a case the Land Commission shall not acquire the lands with-out the owner's consent within a period of seven years.

Does the Minister not consider that a very grave injustice has been done to the owner of the lands in this case? When he intimated that he proposed to sell the lands by public auction the Land Commission intervened and stated that they were interested in acquiring the lands for the relief of local congestion. That made it impossible for the owner to sell the lands by public auction.

I have nothing to add to the information which I have already given to the Deputy.

Does the Minister think that is fair to the owner of the lands?

That is not a question.

asked the Minister for Lands if he is in a position to state whether the Land Commission has yet considered the propriety of acquiring the estate of James Wills, Curradrishy, Foxford, County Mayo (Record No. S3598); and, if so, with what result.

Resumption proceedings in respect of the holding in question are well advanced but compensation has not yet been fixed.

asked the Minister for Lands if he is aware that the lands comprising the Peyton estate, Cloonainra, Swinford, County Mayo, have been sold to a private person and if, considering the number of small uneconomic landholders in the district who had understood that this holding was to be acquired to enlarge their small farms, the Land Commission will consider the propriety of acquiring and dividing this estate.

The Land Commission instituted proceedings for the acquisition of these lands in 1951 but the proceedings were afterwards discontinued. They are debarred from instituting new proceedings on a compulsory basis for some years to come.

Would the Minister say why the proceedings were dropped in this particular case?

The Land Commission considered that the price fixed by the appeal tribunal was such as to make the purchase of the land inexpedient.

Is the Minister aware that this is the only holding in the neighbourhood that is likely to come on the market in the near future? In view of that will he consider taking such steps as are necessary to make it possible for the land to be acquired at an early date?

asked the Minister for Lands if the Land Commission has considered the propriety of taking steps to acquire the Coll lands, Maidstown, Bruree, County Limerick, for division amongst the uneconomic holders and landless applicants inthe area; and, if so, with what result.

The Land Commission inquiries concerning these lands have not yet been completed.

asked the Minister for Lands if he will state when the Land Commission proposes to allocate the Fitzgerald lands, Greenhills, Crecora, County Limerick, to uneconomic holders and landless applicants in the area.

Proceedings for the acquisition of the lands of Greenhills and Dooncaha on the estate of Miss Mary Fitzgerald are in their final stages, but it is not possible to state when they will be acquired and divided.

Arising out of the Minister's reply, I would like to point out that the question states: "Landless applicants in the area." Is the Land Commission at the present time giving land or allocating holdings to landless men?

That does not arise out of this question.

With respect, Sir, I point out that the question refers to landless men.

The question asks, in respect of a particular estate, that land be given to landless men and uneconomic holders.

With regard to that particular estate, if and when it is being divided, will landless men get holdings of land?

I have nothing to add to the reply.

andMrs. Ryanasked the Minister for Lands whether he will state when the Land Commission proposes to allocate the holding known as the Koe estate, Youghalarra, Newtown, Nenagh, County Tipperary, and the cause of the long delay in dividing it.

The Land Commissionare not at present in a position to indicate when these lands will be allotted but there will be no unnecessary delay in dealing with them.

asked the Minister for Lands if the Land Commission is considering the acquisition for division amongst local applicants, who have applied for land, the lands of Mr. Thomas O'Connor, Mucklone, Rosenallis, County Laoighis, and if he will state when a decision will be reached in the matter.

The Land Commission have no proceedings for the acquisition of these lands.

Surely the Land Commission have been asked to carry out the preliminary investigations with a view to acquiring land for the relief of local congestion? In view of the number of applicants who have applied for land on this estate is it proposed to leave their applications in the Land Commission or is it intended to have the matter investigated on merit? All I am asking is that it be investigated on merit.

The commissioners have already considered the matter. No action as to acquisition has been taken.

asked the Minister for Lands if he will state when the lands on the Cox estate, Roskeen, Kilcavan, Geashill, Laoighis, will be divided amongst the local deserving applicants.

The Land Commission have no proceedings for the acquisition of these lands.

asked the Minister for Lands if he will state when the Land Commission will divide the lands on the Delaney estate, Cunnakill, Croghan, Offaly, and if the division of this land amongst the local applicants will take place during the present year.

A difficulty has arisen about handing over possession of the estate and as soon as this is overcome the lands will be allotted.

Can the Minister say who is responsible for the difficulty? Is it the Land Commission?

I would like to have notice of that question.

When does the Minister expect the difficulty will be overcome?

Probably very shortly.

Will the people have the lands for the spring?

The Deputy would want to give me notice of these questions.

All right. The Minister is a little more reasonable than the Minister for External Affairs.

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