IE
(LRC Revised)
Statutory Text (1 Articles)
Number 25 of 1954
STATE PROPERTY ACT 1954
REVISED
Updated to 1 March 2023
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
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
PART I.
Preliminary and General.
Section
1.
Short title.
2.
Interpretation.
3.
Cumulative nature of powers under this Act.
4.
Repeal of the State Lands Act, 1924, and saving.
PART II.
State Land.
Chapter I.
Vesting of State land in
State authorities and transfer of State land from one State authority to
another
.
5.
Vesting in the Minister of State land not otherwise vested.
6.
Vesting of State land in cases of doubt.
7.
Transfer of State land by one State authority to another.
8.
Provisions in relation to State land registered under the Registration of Title Act,
1891.
Chapter II.
Powers of State authorities
in relation to State land
.
9.
Powers of State authorities under this Chapter to be exercisable only with the consent
of the Minister.
10.
Sale, exchange, gratuitous grant and leasing of State land, other than that mentioned
in the First Schedule.
11.
Other powers of State authorities in relation to State land other than that mentioned
in the First Schedule.
12.
Waiver and release of rent and arrears of rent and mesne rates in respect of State
land.
Chapter III.
Provisions in relation to
certain rents payable to the State
.
13.
Apportionment of former crown rents.
14.
Redemption of certain State rents payable out of land sold under the Land Purchase
Acts.
15.
Provisions in relation to fees in respect of former crown rents.
Chapter IV.
Legal Proceedings
.
16.
Legal proceedings in respect of State land.
17.
Recovery of State land held by members of Defence Forces, Garda Síochána, etc.
18.
Priority of moneys due in respect of former crown rents, etc.
Chapter V.
Miscellaneous
Provisions
.
19.
Gifts to a State authority, the State, the Nation or the People.
20.
Power of Land Commission to purchase or accept gratuitous grant of State land for
purposes of the Land Purchase Acts.
21.
Meaning of “
superior interest
” in the Land Purchase Acts.
22.
Custody of title deeds relating to State land.
23.
Provisions in relation to the Commissioners.
24.
Confirmation of withdrawal of certain claims in respect of former crown rents and
former crown reversions.
25.
Confirmation of agreement to sell Aldborough House, Dublin.
26.
Confirmation of certain instruments relating to State land.
PART III.
Rights and Prerogatives belonging to the people in relation to
property, escheat and bona vacantia.
27.
Exercise of rights and prerogatives belonging to the People.
28.
Devolution of property of dissolved body corporate.
29.
Vesting of certain personal property belonging to the State in the Minister.
30.
Determination of claims by the State to certain property.
31.
Waiver of rights of the State to certain property.
32.
Disclaimer of certain land devolving on the State by way of escheat or as bona vacantia.
PART IV.
Financial Provisions.
33.
Discharge of certain debts due by State authorities, etc., by set off.
34.
Disposition of moneys standing to the credit of the Woods, Forests and Land Revenues
Account.
35.
Disposition of future moneys received in respect of State land.
36.
Disposition of moneys standing to credit of the Intestate Estates Fund Deposit Account.
37.
Disposition of other moneys.
38.
Expenses of State authorities.
FIRST SCHEDULE.
SECOND SCHEDULE.
Acts Referred to
Foreshore Act, 1933
No. 12 of 1933
Arterial Drainage Act, 1925
No. 33 of 1925
River Owenmore Drainage Act, 1926
No. 3 of 1926
Barrow Drainage Act, 1927
No. 26 of 1927
Arterial Drainage Act, 1945
No. 3 of 1945
State Lands (Workhouses) Act, 1930
No. 9 of 1930
Saint Laurence's Hospital Act, 1943
No. 3 of 1943
Tuberculosis (Establishment of Sanatoria) Act, 1945
No. 4 of 1945
State Lands Act, 1924
No. 45 of 1924
Interpretation Act, 1937
No. 38 of 1937
Registration of Title Act, 1942
No. 26 of 1942
Court Officers Act, 1945
No. 25 of 1945
Finance Act, 1924
No. 27 of 1924
Forestry Act, 1946
No. 13 of 1946
Minerals Development Act, 1940
No. 31 of 1940
Air Navigation and Transport Act, 1936
No. 4 of 1936
Bourn Vincent Memorial Park Act, 1932
No. 31 of 1932
National Stud Act, 1945
No. 31 of 1945
Johnstown Castle Agricultural College Act, 1945
No. 33 of 1945
Air Navigation and Transport Act, 1950
No. 4 of 1950
Shannon Fisheries Act, 1935
No. 4 of 1935
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. [9
th 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
Number
Year
Short
Title/Citation
...
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
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
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
Ref. no.
Statute
Provisions of the
Statutes mentioned in the second column, functions under which are
transferred to the Minister for the Marine
(1)
(2)
(3)
...
...
...
7.
State Property Act
1954
Provisions
relating to reclaimed foreshore
...
...
...
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.
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
Number
Year
Short
Title/Citation
...
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
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
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
Ref. no.
Statute
Provisions of the
Statutes mentioned in the second column, functions under which are
transferred to the Minister for the Marine
(1)
(2)
(3)
...
...
...
7.
State Property Act
1954
Provisions
relating to reclaimed foreshore
...
...
...
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.
PART I.
Preliminary and General.
Section
1.
Short title.
2.
Interpretation.
3.
Cumulative nature of powers under this Act.
4.
Repeal of the State Lands Act, 1924, and saving.
PART II.
State Land.
Chapter I.
Vesting of State land in
State authorities and transfer of State land from one State authority to
another
.
5.
Vesting in the Minister of State land not otherwise vested.
6.
Vesting of State land in cases of doubt.
7.
Transfer of State land by one State authority to another.
8.
Provisions in relation to State land registered under the Registration of Title Act,
1891.
Chapter II.
Powers of State authorities
in relation to State land
.
9.
Powers of State authorities under this Chapter to be exercisable only with the consent
of the Minister.
10.
Sale, exchange, gratuitous grant and leasing of State land, other than that mentioned
in the First Schedule.
11.
Other powers of State authorities in relation to State land other than that mentioned
in the First Schedule.
12.
Waiver and release of rent and arrears of rent and mesne rates in respect of State
land.
Chapter III.
Provisions in relation to
certain rents payable to the State
.
13.
Apportionment of former crown rents.
14.
Redemption of certain State rents payable out of land sold under the Land Purchase
Acts.
15.
Provisions in relation to fees in respect of former crown rents.
Chapter IV.
Legal Proceedings
.
16.
Legal proceedings in respect of State land.
17.
Recovery of State land held by members of Defence Forces, Garda Síochána, etc.
18.
Priority of moneys due in respect of former crown rents, etc.
Chapter V.
Miscellaneous
Provisions
.
19.
Gifts to a State authority, the State, the Nation or the People.
20.
Power of Land Commission to purchase or accept gratuitous grant of State land for
purposes of the Land Purchase Acts.
21.
Meaning of “
superior interest
” in the Land Purchase Acts.
22.
Custody of title deeds relating to State land.
23.
Provisions in relation to the Commissioners.
24.
Confirmation of withdrawal of certain claims in respect of former crown rents and
former crown reversions.
25.
Confirmation of agreement to sell Aldborough House, Dublin.
26.
Confirmation of certain instruments relating to State land.
PART III.
Rights and Prerogatives belonging to the people in relation to
property, escheat and bona vacantia.
27.
Exercise of rights and prerogatives belonging to the People.
28.
Devolution of property of dissolved body corporate.
29.
Vesting of certain personal property belonging to the State in the Minister.
30.
Determination of claims by the State to certain property.
31.
Waiver of rights of the State to certain property.
32.
Disclaimer of certain land devolving on the State by way of escheat or as bona vacantia.
PART IV.
Financial Provisions.
33.
Discharge of certain debts due by State authorities, etc., by set off.
34.
Disposition of moneys standing to the credit of the Woods, Forests and Land Revenues
Account.
35.
Disposition of future moneys received in respect of State land.
36.
Disposition of moneys standing to credit of the Intestate Estates Fund Deposit Account.
37.
Disposition of other moneys.
38.
Expenses of State authorities.
FIRST SCHEDULE.
SECOND SCHEDULE.
Number
25
of
1954.