(Cavan): This section is a rather lengthy one and to that extent it might appear to be somewhat complicated. However, I hope I can convince the Committee that it is a simple section. It provides a simple and a cheap method of acquiring land. There are two points in this context which we must keep in mind. Nothing compulsory is involved. The provisions operate only on a voluntary basis and only with the consent of the landowners. If the land is held in one lot and by one person in severalty, the procedure is simple and if a commonage is involved the section will operate only on the basis of one or more of the commoners being prepared to sell to the Minister with the remaining owners in common being agreeable to divide the remaining portion of the land between them.
Whether we are dealing with one person or with a number the Minister must publish a notice in Iris Oifigiúil and in one or more newspapers circulating in the locality regarding his intention to acquire the land. Before the Minister makes an order, the person who owns the land must have signed a written document to the effect that he is agreeable to sell to the Minister on the terms outlined. If the land in question is commonage, one or more of the owners in common must sign such a document while any remaining owner or owners in common must agree in writing to the division by the Minister. After all that the investigation of the title is not as exhaustive as it might be in other cases but that is part of the provisions of the section. When the land is acquired and vested in the Minister the remaining portions, in the case of commonage, are vested in the remaining owners in common.
If some legitimate claim comes in within six years, or if there is incapacity, such as a person of unsound mind being involved, or a minor, then six years from the removal of the incapacity, not exceeding 30 years in all, the rightful owner can claim compensation from the Minister and the Minister must pay compensation. In default of agreement in that case, the compensation is fixed by the Lay Commissioners with the right of appeal to the Appeal Tribunal which is a judge of the High Court. For what it is worth, the Minister can then proceed to recover from the person who wrongfully received the compensation. Finally, the section only applies to registered land, that is, land registered with the Registry of Deeds with a folio on it, and that comprises about 80 to 85 per cent of the land we would be dealing with.