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Departmental Properties

Dáil Éireann Debate, Thursday - 21 February 2019

Thursday, 21 February 2019

Ceisteanna (78)

Jackie Cahill

Ceist:

78. Deputy Jackie Cahill asked the Minister for Public Expenditure and Reform if he is listed as the owner of a property (details supplied) in County Tipperary; the way in which he became the owner; if he has given consideration to handing it over to a local community group that wishes to refurbish it as a historic building; and if he will make a statement on the matter. [8891/19]

Amharc ar fhreagra

Freagraí scríofa

Under Section 28 of the State property Act 1954 (the Act) property held by a body corporate at the time of its dissolution becomes vested in the State in the name of the Minister for Public Expenditure and Reform (the Minister). This excludes property held by the body corporate, in trust, for another. The Minister holds what is often termed a defeasible interest as the property will revert to the dissolved body corporate if the body corporate is restored.

The property referred to is registered to Holycross Development Society Limited. It has not been established if the property is one to which Section 28 of the Act applies. If the property has vested in the Minister then the Minister does have the power, under Section 31 of the Act, to waive his interest to a person if he thinks this would be proper in all the circumstances of the case.

No application for such a waiver has been received from any local group. If it is established that the property has vested in the Minister then he will consider an application for a waiver.

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