State Property Act 1954
Number 25 of 1954
STATE PROPERTY ACT 1954
REVISED
Updated to 1 March 2023
This Revised Act is an administrative consolidation of the State Property Act 1954. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), enacted 1 March 2023, and all statutory instruments up to and including the Official Languages (Amendment) Act 2021 (Commencement) Order 2023 (S.I. No. 90 of 2023), made 2 March 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 25 of 1954.
STATE PROPERTY ACT 1954
REVISED
Updated to 1 March 2023
ARRANGEMENT OF SECTIONS
Preliminary and General.
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Section |
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State Land.
Vesting of State land in State authorities and transfer of State land from one State authority to another.
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Provisions in relation to State land registered under the Registration of Title Act, 1891. |
Powers of State authorities in relation to State land.
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Waiver and release of rent and arrears of rent and mesne rates in respect of State land. |
Provisions in relation to certain rents payable to the State.
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Redemption of certain State rents payable out of land sold under the Land Purchase Acts. |
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Provisions in relation to fees in respect of former crown rents. |
Legal Proceedings.
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Recovery of State land held by members of Defence Forces, Garda Síochána, etc. |
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Priority of moneys due in respect of former crown rents, etc. |
Miscellaneous Provisions.
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Gifts to a State authority, the State, the Nation or the People. |
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Rights and Prerogatives belonging to the people in relation to property, escheat and bona vacantia.
Financial Provisions.
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Acts Referred to |
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No. 12 of 1933 |
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No. 33 of 1925 |
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No. 3 of 1926 |
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No. 26 of 1927 |
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No. 3 of 1945 |
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No. 9 of 1930 |
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No. 3 of 1943 |
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No. 4 of 1945 |
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No. 45 of 1924 |
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No. 38 of 1937 |
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No. 26 of 1942 |
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No. 25 of 1945 |
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No. 27 of 1924 |
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No. 13 of 1946 |
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No. 31 of 1940 |
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No. 4 of 1936 |
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No. 31 of 1932 |
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No. 31 of 1945 |
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No. 33 of 1945 |
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No. 4 of 1950 |
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No. 4 of 1935 |
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Number 25 of 1954.
STATE PROPERTY ACT 1954
REVISED
Updated to 1 March 2023
AN ACT TO MAKE PROVISION FOR THE VESTING AND MANAGEMENT OF, AND TO CONTROL THE ALIENATION OF, CERTAIN LAND AND OTHER PROPERTY BELONGING TO THE STATE AND TO MAKE PROVISION FOR OTHER MATTERS RELATING TO STATE PROPERTY AND STATE AUTHORITIES. [9th December, 1954.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering text):
C1
Application of Act restricted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 59(2), S.I. No. 143 of 2022, art. 2(h).
General provision relating to operation of this Part
59. ...
(2) Nothing in the State Property Act 1954 shall operate to prevent the acquisition of relevant public land by the Agency under this Part.
(3) Land owned by the Agency or a subsidiary DAC shall not be State Land within the meaning of the State Property Act 1954.
C2
Application of Act affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
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... 25 ... |
... 1954 ... |
... State Property Act 1954 ... |
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 25 of 1954 |
State Property Act 1954 |
The whole Act (except section 36) |
|
... |
... |
... |
C4
Position of State under Act not affected (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 9(3)(a)(i), S.I. No. 356 of 2009.
Ownership and abolition of feudal tenure.
9.— (1) From the commencement of this Part, ownership of land comprises the estates and interests specified in this Part.
(2) In so far as it survives, feudal tenure is abolished.
(3) Subsection (2) does not affect—
(a) the position of the State under—
(i) the State Property Act 1954,
...
C5
Application of Act restricted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 227(10), S.I. No. 599 of 2001, art. 3(i).
Acquisition of land etc. on foreshore.
227.— ...
(10) Nothing in the State Property Act, 1954, shall operate to prevent a local authority compulsorily acquiring land on the foreshore.
...
C6
Functions transferred and references construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4(1)(c), (2), in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note that the Department of the Marine underwent several name changes and was renamed as the Department of the Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), in effect as per art. 1(2).
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of the Marine.
(2) References to the Department of Communications contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine.
4. (1) The functions vested in the Minister for Communications— ...
(c) by or under any of the Statutes mentioned in the third column of Part IV of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number are hereby transferred to the Minister for the Marine.
(2) References to the Minister for Communications contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine.
SCHEDULE
...
PART IV
Statutes, certain functions under which are transferred from the Minister for Communications to the Minister for the Marine
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Ref. no. |
Statute |
Provisions of the Statutes mentioned in the second column, functions under which are transferred to the Minister for the Marine |
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(1) |
(2) |
(3) |
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... |
... |
... |
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7. |
State Property Act 1954 |
Provisions relating to reclaimed foreshore |
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... |
... |
... |
C7
Application of Act restricted (28.06.1978) by Commissioners of Public Works in Ireland (Acceptance of Trusteeship) Act 1978 (15/1978), s. 4, commenced on enactment.
Land vested in Commissioners as trustees not to be State land.
4.—Any land which is vested in the Commissioners as trustees pursuant to the provisions of this Act shall not, of itself, cause the said land to be State land within the meaning of the State Property Act, 1954.
Editorial Notes:
E1
Previous affecting provision: functions transferred and references construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3, 4(2) and sch. 2, subject to transitional provisions in arts. 5-9; superseded as per C-note above.