S.I. No. 454/2000 - Housing Act, 1966 (Acquisition of Land) Regulations, 2000.
Table of Provisions (14)
Statutory Text (14 Articles)
1. Insert title of relevant compulsory purchase order.
2. Insert description by reference to interest held in land affected e.g. owner, limited owner, mortgage, etc.
3. Insert full description of housing authority or local authority.
4. Insert description and situation of land.
5. The vesting date must be not less than 21 days after the date of the Vesting Order.
6. The quantity, description and situation of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.
7. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).
8. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).
9. If land to which the order, as confirmed by either the Board or the local authority, relates is acquired by the local authority, compensation for the land will be assessed in respect of the acquisition as the value of the land at the date that the relevant notice to treat is served.
10. In the opinion of the local authority, no part of the land in which you have an interest consists of a house or houses which is/are unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. If the land to which the order relates is acquired by the local authority, compensation will be assessed in accordance with Part II of the Fourth Schedule to the
Housing Act, 1966
, and the provisions of 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
(as applied by section 265(3) of the
Planning and Development Act, 2000
), subject to the modifications contained in the Third Schedule to the
Housing Act, 1966
.
11. In the opinion of the local authority, the land/part of the land in which you have an interest consists of a house or houses which is/are unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. If such land is acquired by the local authority, compensation will be assessed in accordance with Part I of the Fourth Schedule to the
Housing Act, 1966
, and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as the value of the land at the time the relevant notice to treat is served as a site cleared of buildings and available for development in accordance with all relevant statutory requirements, less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.
However, if the Board is of the opinion that a house described in the order as being unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense ought not to have been so described, it is required to annul the order in so far as it relates to the house or to modify it so as to authorise the local authority to acquire the house and to pay compensation for it in accordance with Part II of the Fourth Schedule to the
Housing Act, 1966
, and the provisions of 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
(as applied by section 265(3) of the Planning and Development Act, 2000), subject to the modifications contained in the Third Schedule to the
Housing Act, 1966
.
12. Any dispute in relation to compensation shall be referred to and be determined by a property arbitrator appointed under the
Property Values (Arbitrations and Appeals) Act, 1960
.
13. A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the relevant notice to treat is served, send to the Secretary, the Reference Committee, Four Courts, Dublin, an application in writing for the nomination of a property arbitrator for the purpose of determining the compensation to be paid. The application should be made in accordance with the Property Values (Arbitrations and Appeals) Rules, 1961 (
S.I. No. 91 of 1961
).
SCHEDULE
Dated this ____________________________________ day of _____________________________________ 20____.
_____________________________________________________________
County Secretary or Town Clerk.
DIRECTIONS FOR COMPLETING THIS FORM
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by
section 5
,
76
,
78
and
82
of and the
Third Schedule
to the
Housing Act, 1966
(No. 21 of 1966) and
section 10
of the
Local Government (No. 2) Act, 1960
(No. 40 of 1960), as substituted by
section 86
of the
Housing Act, 1966
and as further amended by
section 6
and the
Second Schedule
to the
Roads Act, 1993
(No. 14 of 1993) and by
section 222
of the
Planning and Development Act, 2000
(No. 30 of 2000), hereby makes the following Regulations:—