Batt O'Keeffe (Cork South Central, Fianna Fail)

I move amendment No. 31:

In page 17, to delete lines 1 and 2 and substitute the following:

"complied with or the enforcement notice has been complied with.",

(c) in subsection (2) by substituting "and where such an application is made, the High Court or the Circuit Court, as the case may be, may" for "and where such an application is made, the High Court may",

(d) in subsection (3) by substituting "Any order made by the High Court or the Circuit Court under this section" for "Any order made by the High Court under this section", and

(e) by inserting the following after subsection (3):

"(4) (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land which is the subject of the application is situated.

(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the market value of the land which is the subject of the application does not exceed €3,000,000.

(c) The Circuit Court may, for the purposes of paragraph (b), in relation to land that has not been given a market value or is the subject with other land of a market value, determine that its market value would exceed, or would not exceed, €3,000,000.

(d) Where the market value of any land which is the subject of an application under this section exceeds €3,000,000, the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.

(e) In this subsection 'market value' means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.".".

See this speech in context