AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 2 Compulsory acquisition of land.

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AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 2

Compulsory acquisition of land.

2.(1) Where an aerodrome undertaking is unable to acquire by agreement on
terms which it considers reasonable any estate in land which appears to it to
be reasonably necessary for the purposes of an aerodrome it may apply to the
Ministry for an order (in this section referred to as a "vesting order")
vesting that estate in the undertaking.

(2) On an application to it under subsection (1) the Ministry may make a
vesting order vesting in the undertaking

(a)the whole of the land specified in the application or such part thereof as
may be specified in the vesting order; or

(b)the estate in the land specified in the application or such lesser estate
in that land or in any portion or portions thereof as may be specified in the
vesting order.

(3) Section 34(7) of and Schedule 5 to the Roads Act (Northern Ireland) 1948
shall, subject to the modifications thereof specified in Schedule 1, apply in
relation to the acquisition of land under this section as they apply in
relation to the acquisition of land under section 34(4) of that Act.

(4) Where an aerodrome undertaking proposes to make an application to the
Ministry for a vesting order in respect of any land, any person authorised in
writing by the undertaking may at all reasonable times, on producing, if so
required, evidence of his authority in that behalf, enter upon any of that
land in order to make a survey for the purpose of determining whether the
application should be made but no admission by virtue of this subsection shall
be demanded as of right to any land which is occupied unless twenty-four
hours' notice of the intended entry has been served on the occupier.

(5) Any person who wilfully obstructs a person authorised as aforesaid in the
exercise of any power conferred by subsection (4) shall be guilty of an
offence and be liable on summary conviction to a fine not exceeding #100.

(6) Where any land is damaged in the exercise of a power of entry conferred in
pursuance of an authority given under subsection (4) or in the making of any
survey for the purpose of which any such power of entry has been so conferred,
the aerodrome undertaking by which the authority was given shall pay such
compensation to the persons interested in the land as may be just; and where
any dispute arises as to whether compensation is payable under this
subsection, or as to the amount of any such compensation or as to the persons
to whom it is payable, the dispute shall be referred to and determined by the
Lands Tribunal.

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Northern Irish Legislation

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 2