State Property Act 1954

Sale, exchange, gratuitous grant and leasing of State land, other than that mentioned in the First Schedule.

10

10.(1) The powers conferred by this section shall not be exercisable in respect of the State land mentioned in the First Schedule to this Act.

(2) A State authority may, in respect of any State land for the time being vested in that State authority, do all or any of the following things—

(a) sell such State land or any part thereof,

(b) exchange, on such terms (including payment or receipt of money for equality of exchange) as such State authority may determine, such State land or any part thereof for any other land,

(c) make a grant gratuitously of such State land or any part thereof for any specified purpose,

(d) make a lease of such State land or any part thereof for any term.

(3) Every sale of State land under paragraph (a) of subsection (2) of this section shall be made for such consideration in money or money's worth as the State authority selling it shall determine.

(4) (a) Every grant of State land under paragraph (c) of subsection (2) of this section shall contain such covenants, conditions and agreements (including a right of re-entry on breach thereof) as the State authority making the grant shall determine and shall agree upon with the person to whom the grant is made.

(b) Every covenant, condition and agreement contained in any grant of State land under paragraph (c) of subsection (2) of this section shall be equally binding on, and enforceable against, any person claiming through or under the original grantee as if the grant had been made to that person.

(5) The following provisions shall apply in relation to every lease of State land made, under paragraph (d) of subsection (2) of this section, by a State authority, that is to say—

(a) the lease shall, unless that State authority determines that it should in the public interest be made free of any payment, be made subject to the payment to that State authority of such moneys, whether by way of fine or other preliminary payment or by way of rent or by both such ways, as that State authority shall determine and shall agree upon with the person to whom the lease is made;

(b) the lease shall contain—

(i) such covenants, conditions and agreements as that State authority shall determine and shall agree upon with the person to whom it is made,

(ii) a proviso for re-entry on the breach, non-performance or non-observance by the lessee of any covenant on the lessee's part, condition or agreement contained in the lease.

(6) As soon as may be after the 30th day of June and the 31st day of December in every year the Minister shall cause to be laid before each House of the Oireachtas, a report giving particulars of all sales, exchanges, grants and leases (other than any lease for a term not exceeding twenty-one years) made or granted during the preceding half year in exercise of the powers conferred by this section.

Annotations:

Modifications (not altering text):

C9

Application of section restricted (7.06.1989) by An Blascaod Mór National Historic Park Act 1989 (11/1989), s. 6(1), commenced on enactment.

Application of State Property Act, 1954.

6.—(1) Subject to section 2 (4), sections 10 and 11 of the State Property Act, 1954 shall not apply to land that is vested in the Commissioners as part of the Park.

(2) Land on the Island transferred to the Commissioners under that Act shall form part of the Park.