12ALand not to be disposed of until first offered to original owner

12A Land not to be disposed of until first offered to original owner

[Section 12A Inserted by No. 78 of 1952, s. 5 ]

(1)  *[Section 12A Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*Before the Board sells any land pursuant to subsection (1) of section twelve it shall, if the land is land that was acquired by compulsory process under the provisions of the Public Authorities' Land Acquisition Act 1949 or the Land Acquisition Act 1993 , first offer to sell that land to the person from whom it was originally acquired by the Board.

(2)  If a person to whom an offer is made under subsection (1) of this section refuses to purchase the land, or if he or his agent cannot, after diligent inquiry, be found, the Board may sell the land to such person as it thinks fit in accordance with the provisions of section twelve .

(3)  If, on an offer under subsection (1) of this section being made to a person, that person declines the offer or for thirty days after the day on which the offer is made neglects to signify his desire to purchase the land, the right of pre-emption of that person shall cease.

(4)  For the purposes of this section, a statutory declaration by the chairman of the Board stating that an offer was made under this section and was refused or not accepted within thirty days after the day on which the offer was made, or that the person to whom the offer was made or all the persons entitled to the right of pre-emption is or are out of the State or cannot, after diligent inquiry, be found, or is or are not capable of entering into a contract for the purchase of the land, shall be sufficient evidence of the facts stated in the declaration.

(5)  *[Section 12A Subsection (5) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*If any person who is entitled to a right of pre-emption under this section is desirous of purchasing the land and that person and the Board do not agree as to the price thereof, the price shall be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 as if the Board were the claimant.

(6)  A person on whom a right of pre-emption is conferred by this section may at any time release that right so as to discharge in perpetuity the land or any part thereof to which the release relates from that right of pre-emption.