28Proceedings where refusal to deliver possession

28 Proceedings where refusal to deliver possession (1) If, in any case in which under this Act or the special Act the Authority is authorized to enter into possession of any land, the owner or occupier of the land or any other person— (a) refuses to give up the possession of the land; or (b) hinders the Authority from entering upon and taking possession of the land— the Authority may issue its warrant under this section to the sheriff. (2) A warrant issued under this section authorizes the sheriff to— (a) enter onto the land specified in the warrant; and (b) deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land; and (c) use such force as is reasonably necessary to execute the warrant. (3) Upon receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land. (4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession. (5) The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the Authority from the compensation (if any) payable under this Act to that person. S. 28(6) amended by No. 57/1989 s. 3(Sch. item 110.2(a)(b)). (6) If no compensation is payable to that person or if the compensation payable is less than the amount of the costs and rent (if any) then payment of the amount or the amount in excess of the compensation must if not paid on demand be enforced by a warrant to seize property. S. 28(7) amended by No. 57/1989 s. 3(Sch. item 110.3). (7) Upon application by the Authority, a magistrate must issue a warrant for the purposes of subsection (6). S. 28(8) repealed by No. 87/2009 s. 29. S. 29 amended by No. 109/1997 s. 533(Sch. 2 item 5.1).