Written answers

Tuesday, 22 March 2005

8:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 184: To ask the Minister for Finance if, when being disposed of, all State property must be auctioned or put to tender; and if he will make a statement on the matter. [9219/05]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 185: To ask the Minister for Finance the procedures which must be complied with when the State wishes to dispose of property; and if he will make a statement on the matter. [9220/05]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 186: To ask the Minister for Finance the circumstances in which State property may be disposed of without going to auction or tender; and if he will make a statement on the matter. [9221/05]

Tom Parlon (Laois-Offaly, Progressive Democrats)
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I propose to take Questions Nos. 184 to 186, inclusive, together.

The procedures which must be followed when the Office of Public Works disposes of property are set down in the State Property Act 1954 and also a number of delegated or specific financial sanctions. The State Property Act S10(2) states: "A State authority may, in respect of any State land for the time being vested in that State authority, do all or any of the following things— (a) sell such State land or any part thereof, (b) exchange, on such terms (including payment or receipt of money for equality of exchange) as such State authority may determine, such State land or any part thereof for any other land, (c) make a grant gratuitously of such State land or any part thereof for any specified purpose, (d) make a lease of such State land or any part thereof for any term." The Act further states in sections (3) and (4): "(3) Every sale of State land under paragraph (a) of subsection (2) of this section shall be made for such consideration in money or money's worth as the State authority selling it shall determine. (4) (a) Every grant of State land under paragraph (c) of subsection (2) of this section shall contain such covenants, conditions and agreements (including a right of re-entry on breach thereof) as the State authority making the grant shall determine and shall agree upon with the person to whom the grant is made."

In cases where land or property has been identified as surplus to requirements, the Commissioners of Public Works preferred option is to dispose of same on the open market, by tendering or public auction. In certain circumstances the Office of Public Works may dispose of property by sale or grant to a local authority, by sale to the neighbouring landowners in the case of a landlocked site or sale by private treaty to a sitting tenant.

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