OpenLegislation

Section 10 Additional powers of acquiring land for special roads

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this section, the power of a special road authority to acquire land under section thirteen of the Restriction of Ribbon Development Act, 1935, shall include power to acquire any land which in the opinion of the authority is required—

(a)

for the improvement of an existing road which is included in the route of the special road but has not been transferred to the authority by an order under this Act;

(b)

for the purposes of any order made in relation to the special road under section three of this Act; or

(c)

for the provision of service stations or other buildings or facilities to be used in connection with the construction of the special road or the use or maintenance thereof.

(2)

A special road authority shall not be enabled by virtue of this section to acquire otherwise than by agreement any land lying more than two hundred and twenty yards from the middle of the special road or, where the land is required for the construction, improvement or alteration of any other road, from the middle of that other road.

(3)

In relation to land acquired by virtue of this section by a special road authority being a local highway authority, section one hundred and sixty-four of the Local Government Act, 1933 (which enables local authorities to let land, subject, in certain cases, to the consent of the Minister of Health) shall have effect as if for references therein to the Minister of Health there were substituted references to the Minister.

(4)

In relation to a special road provided or to be provided by the Minister under this Act, the reference in this section to section thirteen of the Restriction of Ribbon Development Act, 1935 shall be construed as a reference to that section as modified in relation to trunk roads by the Trunk Roads Acts, 1936 an 1946.