Standard CPO & Process
HOUSING ACT 1966
PART V
Acquisition of Land, etc.
Annotations
Modifications (not altering text):
C40
Application of Part (other than s. 77) extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.
[Exercise of compulsory powers
16C. …
(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.
(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —
(a) references in that Act to a housing authority shall be construed as references to IDA,
(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,
(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,
(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and
(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.
(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA.]
C41
Application of part extended and reference to “housing authority” construed (11.07.2005) by Grangegorman Development Agency Act 2005 (21/2005), s. 13(2), commenced on enactment.
Transfer of lands from statutory body to Agency.
13.— …
(2) Subject to subsection (3), where an order is made under this section there shall be payable to the statutory body by the Agency consideration in respect of the transfer and such consideration shall be such as may be agreed between the statutory body and the Agency or, in default of such agreement, such amount as shall be determined by arbitration in the like manner in all respects as a claim for compensation in relation to the compulsory acquisition of land under Part V of the Housing Act 1966 and for that purpose a reference to a housing authority shall be construed as a reference to the Agency.
C42
Application of part extended with modifications (1.05.1996) by Casual Trading Act 1995 (19/1995), s. 7(2), S.I. No. 267 of 1995.
Acquisition and extinguishment of market rights.
7.— …
(2) Section 10 of the Local Government (No. 2) Act, 1960, and Part V of and the Third and Fourth Schedules to the Housing Act, 1966, shall apply in relation to a market right in respect of markets or fairs as they apply in relation to land—
(a) with the substitution of references to such market right for references to land,
(b) with the deletion of—
(i) “and of the map referred to therein” in section 78 (1) of the said Housing Act, 1966,
(ii) “and shall have attached thereto a map of the land to which it applies” in section 82 (1) of the said Housing Act, 1966,
(iii) “by reference to a map” in paragraph 3 of the said Third Schedule, and
(iv) “and of the map referred to therein” in paragraph 4 (a) of the said Third Schedule, and
(c) with any other necessary modifications.
C43
Application of part extended and “housing authority” construed (1.01.1994) by Roads Act 1993 (14/1993), s. 19(8), S.I. No. 406 of 1993.
Specific functions of the Authority.
19.— …
(8) The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.
…
Editorial Notes:
E171
Previous affecting provision: application of part extended and “housing authority” construed (22.07.1987) by Urban Renewal (Amendment) Act 1987 (16/1987), s. 5(2), commenced on enactment; repealed (1.05.1997) by Dublin Docklands Development Authority Act 1997 (7/1997), s. 8 and sch. 3, S.I. No. 135 of 1997.
E172
Previous affecting provision: application of part extended with modifications (12.02.1980) by Casual Trading Act 1980 (43/1980), s. 8, S.I. No. 43 of 1981; repealed (1.05.1996) by Casual Trading Act 1995 (15/1995), s. 17(1)(a), S.I. No. 267 of 1995, subject to transitional provisions in subss. (2) and (3).
Section 75
Definitions for purposes of Part V and Third Schedule.
75.—In this Part and the Third Schedule to this Act—
(a) references to the Lands Clauses Acts shall be construed as references to those Acts (other than the Acquisition of Land (Assessment of Compensation) Act, 1919) as amended by the Second Schedule to the Act of 1890 and this Act;
(b) “the Acquisition of Land (Assessment of Compensation) Act, 1919”, means the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925, the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963;
(c) “the Act of 1890” means the Housing of the Working Classes Act, 1890;
(d) “house” means a building which is—
(i) wholly or principally used on the relevant date for human habitation, or
(ii) neither wholly nor principally used for human habitation on the relevant date but which, when last wholly or principally used, was so used for human habitation,
and includes any yard, outoffices or appurtenances, garden or other land belonging thereto or usually enjoyed therewith;
(e) “owner” means in relation to land a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term whereof exceeds three years;
(f) “relevant date” means in relation to a house the date on which the notice as respects the making of the compulsory purchase order relating to the house is published in accordance with article 4 of the said Third Schedule.
Section 76
Procedure for compulsory acquisition of land.
76.—A housing authority acquiring land compulsorily for the purposes of this Act may be authorised to do so by means of a compulsory purchase order made by the authority and submitted to and confirmed by the Minister in accordance with the provisions contained in the Third Schedule to this Act.
Annotations
Modifications (not altering text):
C44
Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.
Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.
214.— …
(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: …
(f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;
…
Editorial Notes:
E173
Power pursuant to section exercised (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.
E174
Previous affecting provisions: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
Section 77
Compulsory acquisition of land not immediately required.
77.—A housing authority may be authorised to acquire compulsorily for the purposes, and in accordance with section 76, of this Act, land not immediately required for those purposes, provided that the Minister is of opinion that there is reasonable expectation that the land will be required by the authority in the future in order to attain any of the objectives to which they are required by subsection (3) of section 55 of this Act to have regard in preparing a building programme.
Annotations
Modifications (not altering text):
C45
Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.
Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.
214.— …
(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: …
(f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;
…
Section 78
Validity and date of operation of compulsory purchase orders.
78.—(1) As soon as may be after the Minister has made a confirmation order confirming a compulsory purchase order, whether in respect of all or part of the land to which the compulsory purchase order relates, the housing authority shall publish in a newspaper circulating in their functional area a notice in the prescribed form stating that the compulsory purchase order has been confirmed as respects all or part of the land, as the case may be, and naming a place where a copy of the compulsory purchase order as so confirmed and of the map referred to therein may be seen at all reasonable times and shall serve a like notice on every person having an interest in the land as respects which the compulsory purchase order has been confirmed who, having given notice to the Minister of his objection to the compulsory purchase order, appeared at the local public inquiry in support of his objection.
(2) If any person aggrieved by a compulsory purchase order which has been confirmed by the Minister (whether in respect of all or part of the land to which the compulsory purchase order relates) desires to question its validity he may, not later than three weeks after the publication of notice of the confirmation order, make an application for the purpose to the High Court, and where any such application is duly made the court—
(a) may by interim order suspend the operation of the compulsory purchase order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;
(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.
(3) A compulsory purchase order as confirmed by a confirmation order shall—
(a) as respects the land to which the confirmation order relates;
(i) in case no application mentioned in subsection (2) of this section is made or in case such application is withdrawn—become operative at the expiration of the period ending twenty-one days after the notice required by subsection (1) of this section is published, or the withdrawal of the application, or
(ii) in case such an application is made and is not withdrawn, and the court decides neither to quash the order as confirmed as aforesaid, nor to quash the order in so far only as it affects any property of the applicant—become operative on the date of the determination of the application,
(b) in case an application mentioned in subsection (2) of this section is made and is not withdrawn, and the court decides to quash the order in so far only as it affects any property of the applicant—become operative, on the date of the determination of the application, in so far as it affects any property other than the said property of the applicant.
(4) Subject to the provisions of subsection (2) of this section, a person shall not question a compulsory purchase order by prohibition or certiorari or in any legal proceedings whatsoever.
(5) So soon as may be after a compulsory purchase order has become operative, the housing authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation.
Annotations
Modifications (not altering text):
C46
Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.
Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.
214.— …
(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: …
(f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;
…
C47
Application of subss. (2) to (4) restricted (1.1.2001) by Planning and Development Act 2000 (30/2000), s. 217(7)(b), S.I. No. 449 of 2000.
Certain time limits in respect of compulsory purchase of land, etc.
217.— …
(7) …
(b) Subsections (8) and (9) of section 52 of the Roads Act, 1993 (as inserted by section 5 of the Roads (Amendment) Act, 1998) and subsections (2) to (4) of section 78 of the Housing Act, 1966, shall not apply in relation to decisions of the Board under this Part.
C48
References to “local inquiries” or “public inquiries” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 218(3)(b), S.I. No. 449 of 2000.
Oral hearings in relation to compulsory acquisition of land.
218.— …
(3) For the purposes of this Part, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section: …
(b) section 78 of, and the Third Schedule to, the Housing Act, 1966;
Editorial Notes:
E175
Power pursuant to subs. (1) exercised (2.12.2008) by Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008).
E176
Power pursuant to section exercised (12.07.2001) by Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations 2001 (S.I. No. 320 of 2001).
E177
Power pursuant to section exercised (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.
E178
Previous affecting provisions: power pursuant to section exercised (10.11.1998) by Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations 1998 (S.I. No. 434 of 1998); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
E179
Previous affecting provisions: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
Section 79
Notice to treat.
79.—(1) Where a compulsory purchase order made and confirmed under this Act has become operative and the housing authority decide to acquire land to which the order relates, the authority shall serve a notice (in this Part referred to as a notice to treat) on every owner, lessee and occupier of the land F59[…] stating that they are willing to treat for the purchase of the several interests in the land and requiring each such owner, lessee and occupier to state within a specified period (not being less than one month from the date of service of the notice to treat) the exact nature of the interest in respect of which compensation is claimed by him and details of the compensation claimed, and, if the authority so require, distinguishing separate amounts of the compensation in such manner as may be specified in the notice to treat and showing how each such amount is calculated.
(2) A notice to treat served under subsection (1) of this section shall be deemed to be a notice to treat for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919.
Annotations
Amendments:
F59
Deleted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 198, S. I. No. 505 of 2004.
Section 80
Power of entry on, taking possession and use of land.
80.—(1) Where a housing authority are by a compulsory purchase order made and confirmed under this Act authorised to acquire land compulsorily for the purposes of this Act, the authority may, at any time after the service of notices to treat in respect of the land, on giving not less than fourteen days’ notice in writing to every owner, lessee and occupier of the land, enter on, take possession of and use the land or such part thereof as may be specified in the notice without previous consent of any such owner, lessee or occupier or compliance with the provisions of the Lands Clauses Acts relating to entry on lands and the authority shall be liable to the payment of the like compensation as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the date of such entry.
(2) Where a housing authority—
(a) agree to purchase land and the purposes for which the land is being acquired are purposes of this Act, or
(b) propose to appropriate land to any purpose of this Act,
subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after the agreement has been made or the consent to the appropriation has been given by the appropriate Minister within the meaning of section 85 of this Act, the authority may, after giving to the person so in possession twenty-one days’ notice in writing, without previous consent, enter on, take possession of and use the land or such part thereof as is specified in the notice but subject to the payment to the person so in possession of the like compensation together with interest upon such compensation as from the date of such entry as if the authority had been authorised to acquire the land compulsorily and the person had in pursuance of the authorisation been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions of the Lands Clauses Acts relating to entry on lands.
Annotations
Modifications (not altering text):
C49
Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.
Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.
214.— …
(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: …
(f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;
…
Section 81
Vesting order.
81.—(1) Where a housing authority have entered on and taken possession of land in accordance with the powers conferred upon them by section 80 of this Act and where, after the expiration of six months from the date of such entry—
(a) the several interests in the land have not been conveyed or transferred to the authority,
(b) the authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and
(c) the authority have made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his interest to enable the authority to make a proper offer for such interest,
the authority may by order (in this Act referred to as a vesting order) acquire the land.
(2) Where a housing authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.
(3) When a housing authority make a vesting order they shall within seven days after making the order—
(a) publish in one or more newspapers circulating within their functional area a notice stating that the order has been made, describing the land referred to therein and naming a place where a copy of the order may be seen at all reasonable times, and
(b) serve on every person appearing to them to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.
Section 82
Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942.
82.—(1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it applies and it shall be expressed and shall operate to vest the land in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date (in this Act referred to as the vesting date) not earlier than twenty-one days after the making of the order.
(2) Notwithstanding anything in subsection (1) of this section, where a housing authority have acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.
(3) When a housing authority make a vesting order in relation to any land, they shall send the order to the registering authority and thereupon the registering authority shall cause the housing authority to be registered as owner of the land in accordance with the order.
Annotations
Editorial Notes:
E180
Previous affecting provisions: power pursuant to section exercised (20.12.2000) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000); revoked (2.12.2008) by Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008).
E181
Previous affecting provisions: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations, 1966 (S.I. No. 278 of 1966); revoked (20.12.2000) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000).
Section 83
Extinguishment of ways, easements, etc.
83.—(1) F60[…]
(2) Upon the completion by a housing authority of the acquisition by them, otherwise than by vesting order, of any land for the purposes of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the authority and the person entitled to the right in question, vest in the authority without any conveyance or transfer, and any person who suffers loss by the vesting by virtue of this subsection of any such right or property shall be entitled to be paid by the authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
Annotations
Amendments:
F60
Repealed (1.08.1993) by Roads Act 1993 (14/1993), s. 4 and sch. 1, S.I. No. 197 of 1993.
Editorial Notes:
E182
Previous affecting provision: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
Section 84
Assessment of compensation in respect of land acquired compulsorily.
84.—(1) Where land is acquired compulsorily by a housing authority for the purposes of this Act, the compensation payable in respect thereof shall be;
(a) in the case of land consisting of a house mentioned in article 3 of the Third Schedule to this Act—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part I of the Fourth Schedule to this Act,
(b) in the case of any other land—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part II of the Fourth Schedule to this Act.
(2) Subject to subsection (1) of this section and to paragraph (l) of article 2 of the said Third Schedule, the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.
Section 85
Appropriation of land to purposes of this Act.
85.—F61[…]
Annotations
Amendments:
F61
Repealed (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, S.I. No. 588 of 2001, subject to exceptions in s. 6.
Section 86
Amendment of section 10 of Local Government (No. 2) Act, 1960.
86.—(1) The following section shall be substituted for section 10 of the Act of 1960—
“10. (1) Where—
(a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,
(b) those purposes are purposes other than the purposes of the Housing Act, 1966, or are purposes some only of which are purposes of that Act, and
(c) the local authority consider that it would be convenient to effect the acquisition under that Act,
the local authority may decide so to effect the acquisition.
(2) Where—
(a) a local authority consider that any land, whether situate within or outside their functional area, would, if acquired by them, be suitable for the provision of halls, buildings and offices for the local authority, and
(b) the local authority consider that it would be convenient to effect the acquisition under the Housing Act, 1966,
the local authority may decide so to effect the acquisition.
(3) (a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to acquire the land compulsorily by means of a compulsory purchase order as provided for by section 76 of the Housing Act, 1966, and the Third Schedule thereto and for the purposes of this paragraph any reference to a housing authority in the said section 76 or the said Third Schedule shall be construed as a reference to a local authority.
(b) For the purposes of paragraph (a) of this subsection, ‘the Minister’, wherever that expression occurs in section 76 of the Housing Act, 1966, and the Third Schedule thereto shall be construed as referring to the appropriate Minister.
(4) (a) The provisions of sections 78, 79, subsection (1) of section 80, sections 81, 82 and 84 of the Housing Act, 1966, and the Fourth Schedule thereto, shall apply in relation to an order made by virtue of this section and any reference in the said sections and subsection and in the said Fourth Schedule as so applied to a housing authority or the Minister shall be construed as a reference as to the local authority or the appropriate Minister, respectively.
(b) The provisions of sections 3, 4, 5 and 49 of the Housing Act, 1966, are hereby extended so as to have effect for the purposes of this section, and any reference in the said sections as so extended to a housing authority or, except in the said section 5, to the Minister shall be construed as a reference to the local authority or the appropriate Minister, respectively.
(c) The provisions of subsection (2) of section 83 of the Housing Act, 1966, shall apply in relation to land acquired by means of an order made by virtue of this section.
(d) Where—
(i) an order is made by virtue of this section, and
(ii) there is a public right of way over the land to which the order relates or any part thereof,
the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.
(e) Where—
(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and
(ii) apart from this paragraph, it would not be obligatory on the Minister to cause a public local inquiry to be held pursuant to the Third Schedule to the Housing Act, 1966,
it shall be obligatory on the Minister to cause the inquiry to be held save where he thinks fit not to confirm the order.
(5) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to acquire land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.
(6) In this section, ‘land’ includes any interest or right over land granted by or held from the local authority acquiring the land.”
(2) In construing a compulsory purchase order made by virtue of the said section 10, the reference in any enactment incorporated therein which, but for this subsection, would by virtue of sub-article (5) of article 5 of the Third Schedule to this Act be construed as a reference to a housing authority, shall be construed as a reference to a local authority.
Section 87
Amendment of section 10 of Local Government (Ireland) Act, 1898.
87.—F62[…]
Annotations
Amendments:
F62
Repealed (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, S.I. No. 558 of 2001, subject to exceptions in s. 6.
PART VI
Schedule 3
THIRD SCHEDULE
Provisions Applicable As Respects Compulsory Purchase Orders
Section 76.
1. A compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it relates and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations—
(a) the Lands Clauses Acts (except sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Act of 1890);
(b) the Acquisition of Land (Assessment of Compensation) Act, 1919.
2. The modifications subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in a compulsory purchase order shall be as follows:
(a) where the purchase money or compensation payable to a person claiming any interest in land does not exceed the sum of F81[£15,000], and the claimant gives prima facie evidence that he is a person having power to sell under the Land Purchase Acts or the Lands Clauses Acts, and satisfies the housing authority that, for not less than six years immediately preceding, he, or his immediate predecessor in title, has been personally, or by an agent, in receipt of the rents or profits of the land, or in actual occupation thereof, the claimant may be dealt with by the authority as the absolute owner of the interest in respect of which he claims, and the purchase money or compensation may be paid to him;
(b) where any interest in land, in respect of which purchase money or compensation not exceeding the sum of F81[£15,000] is payable, is subject to any mortgage or charge, the amount of the purchase money or compensation may be paid to the person entitled to the mortgage or charge, or if there is more than one such mortgage or charge, then to the person entitled to the mortgage or charge which is first in priority, and the amount so paid shall be received in reduction of the principal sum for the time being owing in respect of the mortgage or charge, notwithstanding any direction, proviso, or covenant to the contrary contained in any instrument;
(c) where a housing authority have, pursuant to paragraph (a) or (b) of this article, paid purchase money or compensation, not exceeding the sum of F81[£15,000], to any person, the person shall give the authority a receipt in the prescribed form for the purchase money or compensation and, except in the case of land to which a vesting order applies, the receipt shall, where it is given by a person who may be dealt with as absolute owner or by a person entitled to a mortgage or charge on the interest of any such person be effectual to vest absolutely in the authority, free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than a public right of way) the fee simple of the land in respect of which the purchase money or compensation was paid;
(d) a memorandum of the amount paid under paragraph (b) of this article shall, where practicable, be endorsed on the instrument creating the mortgage or charge, and shall be signed by the person receiving the purchase money or compensation, and a copy of the memorandum shall be furnished by the housing authority to all persons appearing to the authority to be entitled to any interest in the land subject to the mortgage or charge;
(e) a copy of the receipt mentioned in paragraph (c) of this article shall, on the request of any person entitled to any estate or interest in the land in respect of which the purchase money or compensation was paid, be furnished by the housing authority to that person;
(f) any person claiming to be entitled to any purchase money or compensation paid to another person under this article, may, within six years after the payment has been made, make an application to the Circuit Court and on the hearing the court may, as it thinks proper, either dismiss the application or make a decree against the housing authority for the amount found due in respect of the claim and the amount for which any such decree is made shall be a debt due to the authority by the person to whom the money was paid by them;
(g) if—
(i) it appears to the housing authority that the person making any claim for purchase money or compensation in respect of land, or any estate or interest in land, is not absolutely entitled to the land, estate or interest, or
(ii) the title to such land, estate, or interest is not satisfactorily shown to the housing authority,
and the purchase money or compensation does not exceed F81[£40,000], the authority may pay it into the Circuit Court and the court shall thereupon have with respect thereto all the jurisdiction exercisable by the High Court under the Lands Clauses Acts and the authority shall thereupon have with respect to the land, estate or interest all the like rights and powers as if the purchase money or compensation had been paid into the High Court;
(h) section 72 of the Lands Clauses Consolidation Act, 1845, shall have effect as if “F81[£15,000]” were substituted therein for “twenty pounds”;
(i) notwithstanding the repeal by this Act of the Housing (Miscellaneous Provisions) Act, 1931, “two” shall continue to be substituted for “three” in article 6 of the Second Schedule to the Act of 1890;
(j) article 24 of the Second Schedule to the Act of 1890, as amended by section 31 of the Act of 1948 (repealed by this Act) shall have effect as if “at which, on the date of such entry the local authority could borrow from the local loans fund” was substituted for “of three pounds per centum per annum”;
(k) the compensation shall be assessed in accordance with such of the provisions of this Act relating to the assessment of compensation in respect of land acquired compulsorily as are applicable to the particular case;
(l) the arbitrator shall not take into account—
(i) any interest in land created after the date on which notice of the order having been made is published in accordance with article 4 of this Schedule, or
(ii) any building erected or any improvement or alteration made after the said date if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.
3. If the compulsory purchase order relates to land which includes a house and the house is, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the house shall be described in the prescribed manner in the order.
4. Before submitting the compulsory purchase order to the Minister the housing authority shall—
(a) publish in one or more newspapers circulating in their functional area a notice in the prescribed form stating the fact of such an order having been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and
(b) serve on every owner, lessee and occupier F82[…] of any land to which the order relates a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation and specifying the time within which and the manner in which objections can be made thereto.
5. (1) Where a compulsory purchase order has been submitted to the Minister, he may, if he thinks fit, and subject to the following provisions of this article—
(a) annul the order by an annulment order, or
(b) confirm the order with or without modification by a confirmation order,
as respects all or part of the land to which the compulsory purchase order relates and in case the Minister makes an annulment order or a confirmation order in respect of part of such land, the Minister may make an annulment order or a confirmation order or a further annulment or confirmation order, as the case may be, in respect of any part of such land to which neither a previously made annulment order nor a previously made confirmation order relates.
(2) The Minister shall not confirm a compulsory purchase order in so far as it relates to any land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served until he has caused to be held a public local inquiry into such objection and until he has considered such objection and the report of the person who held the inquiry, unless—
(a) such objection is withdrawn, or
(b) the Minister is satisfied that such objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.
(3) An order made by the Minister shall not—
(a) authorise the housing authority to acquire compulsorily any land which the relevant compulsory purchase order would not have authorised them so to acquire if it had been confirmed without modification;
(b) authorise the housing authority to acquire as being a house unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense any house not so described in the original order.
(4) If the Minister is of the opinion that a house described in a compulsory purchase order as being unfit for human habitation and not capable of being rendered fit at reasonable expense ought not to have been so described, he shall annul the order in so far as it relates to the house, unless he is of the opinion that the house may properly be acquired by the housing authority, in which case he shall modify the order so as to authorise the authority to acquire the house and to pay compensation in respect thereof assessed in accordance with Part II of the Fourth Schedule to this Act.
(5) In construing any enactment incorporated in a compulsory purchase order—
(a) any reference to the special Act shall be construed as a reference to this Act together with the order;
(b) any reference to the confirming authority shall be construed as a reference to the Minister;
(c) any reference to a local authority or the promoters of the undertaking shall be construed as a reference to a housing authority;
(d) any reference to Part I or Part II of the Act of 1890, shall be construed as a reference to this Act;
(e) any reference to land shall be construed as including a reference to any interest or right over land granted by or held from the authority by whom the compulsory purchase order is made.
Annotations
Amendments:
F81
Substituted (1.09.1992) by Housing (Miscellaneous Provisions) act 1992 (18/1992), s. 31, S.I. No. 223 of 1992.
F82
Deleted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 198, S.I. No. 505 of 2004.
Modifications (not altering text):
C57
Application of schedule extended with modifications (31.03.2022) by Land Development Agency 2021 (26/2021), s. 66(3), S.I. No. 143 of 2021.
Acquisition order
66. …
(3) The Third Schedule (other than Article 4, paragraphs (1) to (4) of Article 5 and Article 5(5)(d)) to the Act of 1966 applies to an acquisition order, as it applies to a compulsory purchase order under that Act, subject to the following and any other necessary modifications:
(a) references to a housing authority or an authority shall be construed as references to the Agency;
(b) a reference to the Minister shall be construed as a reference to the Court in the performance of its functions under this Part.
C58
Application of schedule extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.
[Exercise of compulsory powers
16C. …
(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.
(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —
(a) references in that Act to a housing authority shall be construed as references to IDA,
(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,
(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,
(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and
(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.
(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA.]
C59
Application of schedule extended with modifications (21.12.2009) by National Assets Management Agency Act 2009 (34/2009), s. 163(3), S.I. No. 545 of 2009.
Acquisition order.
163.— …
(3) The Third Schedule to the Housing Act 1966 applies to an acquisition order subject to the following modifications:
(a) references to a sum of money shall be construed as references to the equivalent sum in euro;
(b) references to a housing authority or an authority shall be construed as references to NAMA;
(c) references to the Minister shall be construed as a reference to the Court in the exercise of its functions under this Chapter;
(d) the omission of Article 4, paragraphs (1) to (4) of Article 5 and Article 5(5)(d).
C60
Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.
Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.
214.— …
(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: …
(f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;
…
C61
References to “local inquiries” or “public inquiries” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 218(3)(b), S.I. No. 449 of 2000.
Oral hearings in relation to compulsory acquisition of land.
218.— …
(3) For the purposes of this Part, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section: …
(b) section 78 of, and the Third Schedule to, the Housing Act, 1966;
…
C62
Application of schedule extended with modifications (1.05.1996) by Casual Trading Act 1995 (19/1995), s. 7(2), S.I. No. 267 of 1995.
Acquisition and extinguishment of market rights.
7.— …
(2) Section 10 of the Local Government (No. 2) Act, 1960, and Part V of and the Third and Fourth Schedules to the Housing Act, 1966, shall apply in relation to a market right in respect of markets or fairs as they apply in relation to land—
(a) with the substitution of references to such market right for references to land,
(b) with the deletion of—
(i) “and of the map referred to therein” in section 78 (1) of the said Housing Act, 1966,
(ii) “and shall have attached thereto a map of the land to which it applies” in section 82 (1) of the said Housing Act, 1966,
(iii) “by reference to a map” in paragraph 3 of the said Third Schedule, and
(iv) “and of the map referred to therein” in paragraph 4 (a) of the said Third Schedule, and
(c) with any other necessary modifications.
Editorial Notes:
E211
Power pursuant to ss. 5, 76, 78, 82 and schedule exercised (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.
E212
Previous affecting provisions: power pursuant to s. 5 and schedule exercised (1.08.1993) by Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations 1993 (S.I. No. 214 of 1993), in effect as per reg. 3; revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
E213
Previous affecting provision: application of schedule extended with modifications (12.02.1980) by Casual Trading Act 1980 (43/1980), s. 8, S.I. No. 43 of 1981; repealed (1.05.1996) by Casual Trading Act 1995 (15/1995), s. 17(1)(a), S.I. No. 267 of 1995, subject to transitional provisions in subss. (2) and (3).
E214
Previous affecting provision: sums substituted (5.08.1970) by Housing Act 1970 (18/1970), s. 6, commenced on enactment; substituted as per F-Note above.
E215
Previous affecting provisions: power pursuant to s. 5 and schedule exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (20.12.2000) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
Schedule 4
FOURTH SCHEDULE
Rules Applicable as Respects Assessment of Compensation
Section 84.
PART I
Land Consisting of a House Unfit for Human Habitation and not Capable of being Rendered Fit for Human Habitation at Reasonable Expense
The arbitrator shall assess the compensation to be paid for the land, including the buildings thereon, as the value of the land as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963, less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.
PART II
Other Land
1. If the arbitrator is satisfied with respect to any premises that the rental thereof was enhanced by reason of their being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the compensation shall so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes and only by the number of persons whom the premises were, under all the circumstances of the case, fitted to accommodate without such overcrowding.
2. If the arbitrator is satisfied that any premises are in a state of defective sanitation or are not in reasonably good repair the compensation shall be the estimated value of the premises if put into a sanitary condition, or reasonably good repair, less the estimated expense of putting them into such condition or repair.
3. The housing authority may tender evidence as to the matters aforesaid, notwithstanding that they have not taken any steps with a view to remedying the defects or evils disclosed by the evidence.
Annotations
C63
Application of schedule extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.
[Exercise of compulsory powers
16C. …
(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.
(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —
(a) references in that Act to a housing authority shall be construed as references to IDA,
(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,
(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,
(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and
(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.
(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA.]
C64
Application of schedule extended with modifications (1.05.1996) by Casual Trading Act 1995 (19/1995), s. 7(2), S.I. No. 267 of 1995.
Acquisition and extinguishment of market rights.
7.— …
(2) Section 10 of the Local Government (No. 2) Act, 1960, and Part V of and the Third and Fourth Schedules to the Housing Act, 1966, shall apply in relation to a market right in respect of markets or fairs as they apply in relation to land—
(a) with the substitution of references to such market right for references to land,
(b) with the deletion of—
(i) “and of the map referred to therein” in section 78 (1) of the said Housing Act, 1966,
(ii) “and shall have attached thereto a map of the land to which it applies” in section 82 (1) of the said Housing Act, 1966,
(iii) “by reference to a map” in paragraph 3 of the said Third Schedule, and
(iv) “and of the map referred to therein” in paragraph 4 (a) of the said Third Schedule, and
(c) with any other necessary modifications.
Editorial Notes:
E216
Previous affecting provision: application of schedule extended with modifications (12.02.1980) by Casual Trading Act 1980 (43/1980), s. 8, S.I. No. 43 of 1981; repealed (1.05.1996) by Casual Trading Act 1995 (15/1995), s. 17(1)(a), S.I. No. 267 of 1995, subject to transitional provisions in subss. (2) and (3).