Housing Act 1966

Power of entry on, taking possession and use of land.

80

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;

...