Housing Act 1966

Validity and date of operation of compulsory purchase orders.

78

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(i) in case no application mentioned in subsection (2) of this section is made or in case such application is withdrawn—become operative at the expiration of the period ending twenty-one days after the notice required by subsection (1) of this section is published, or the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:

E171

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).

E172

Power pursuant to section exercised (12.07.2001) by Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations 2001 (S.I. No. 320 of 2001).

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 (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.

E175

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.