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FO-SCRIBHINN.APPENDIX.1. Section 1 Sub-section (2). The words “instead attach” in line 36 transposed, to read “attach instead.” 2. Section 2. Immediately before Section 2 a new Section 2 inserted as follows:— “Sites of Buildings for the damage or destruction of which compensation has been claimed. 2. Where under the provisions of Section 15 of the said Damage to Property (Compensation) Act, 1923, a report in writing in respect of the damage or destruction of any building has been made by a judge to the Minister for Finance, and the site or any part of the site of such building is acquired or purchased compulsorily by the Corporation under this Act— (1) The arbitrator shall fix and determine the value at the date of the passing of this Act of the estate right or interest in such site or part thereof, and such value shall be the compensation to be awarded by the arbitrator to such person in respect of such compulsory purchase or acquisition. (2) The Corporation shall be entitled to such site or part thereof after paying to every person claiming to be interested therein the compensation awarded by the arbitrator to such person under this section. (3) The arbitrator shall, if so required by the Minister for Finance, also fix and determine the value of every such estate right or interest immediately before the damage or destruction in respect of which such report has been made by a judge to the Ministry of Finance, and shall report to the Minister for Finance the value as so fixed and determined. 3. Section 2 Sub-section (1). After the word “disturbances” in line 3 the words “is or” inserted. 4. Section 2 Sub-section (3). After the word “shall” in line 18 the words “sell or” inserted. 5. Section 4. Immediately before Section 4 a new Section 4 inserted as follows:— “Unsuitable Premises on new street frontages. 4.—(1) In this section the expression “site fronting on an improved street” means any plot, the property of the same person or persons, either directly adjoining any land acquired by the Corporation under this Act for the purpose of improving a street, or between which and such land no building intervenes. (2) If, on the application of the Corporation, the Minister is satisfied in respect of any site fronting on an improved street that for the general scheme of reconstruction of the area it is necessary either— (a) to remove any existing building on such site, or (b) to erect a new building on such site, or (c) to reconstruct or alter any existing building on such site, he may make an order requiring such removal, erection, reconstruction or alteration to be carried out. (3) Before making an order under the preceding sub-section in respect of any site, the Minister shall give at least one month’s notice to, and shall consider any representations made by, the owners, lessees and occupiers of such site. (4) The provisions of Section 3 of this Act shall apply to the erection of any new building on a site fronting on an improved street as if such site were the site of a building which has been damaged or destroyed in the course of the recent disturbances; and to the reconstruction or alteration of such a building as if such building were an existing building in Upper Sackville Street or Lower Sackville Street (commonly known as “Upper O’Connell Street” and “Lower O’Connell Street” respectively). (5) Any reconstruction or alteration of a building or any erection of a new building on a site fronting on a new street in pursuance of an order under this section may be carried out notwithstanding that it interferes with any right to light or other easement, but compensation shall be paid to the persons interested in the land to which such right or easement is attached. (6) Any compensation payable under this section shall be— (a) fixed by an arbitrator under the rules set out in the schedule to this Act in the like manner as the compensation mentioned in those rules is to be fixed thereunder, and any appreciation in the value of the land to which the easement is attached by reason of the general reconstruction of the area shall be taken into consideration in fixing such compensation; (b) paid by the owner of the building by which the right or easement is interfered with and shall in addition be a first charge on such building. 6. Section 4 Sub-section (2). The words “made up of the sum” in line 6 deleted. 7. Section 5. At the end of this section a new Sub-section (15) inserted, as follows:— “(15). The Judge referred to in this Section shall be the Judge of the High Court to whom the duty of exercising jurisdiction under this Section shall be assigned by the Chief Justice.” 8. Section 6 Sub-section (1). All from the words “the rebuilding” in line 48 to the words “recent disturbances” in line 50 deleted and the following words substituted therefor:—” either (a) the rebuilding or restoration of a house or building destroyed or damaged in the course of the recent disturbances, or (b) the removal of a building or the erection of a new building or any reconstruction or alteration of a building required by an order of the Minister made under the provisions of Section 4 of this Act.” 9. Section 6 Sub-section (4). The following words added at the end of the sub-section “save that for the purpose of such application the passing of the said Dublin Reconstruction (Emergency Provisions) Act, 1916, shall be substituted for the passing of this Act.” 10. Section 7. The figures “1927” in line 19 deleted and the figures “1930” substituted therefor. 11. Section 8. The figures “1925” in line 22 deleted and the figures “1926” substituted therefor. 12. Schedule. The words “on the application of the Corporation” deleted in line 32 and inserted after the letter (b) in line 33. |
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