Eamon Ryan (Dublin South, Green Party)
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Question 243: To ask the Minister for Finance the procedure which has to be followed to allow the transfer of title to a local authority for public open space lands which are in his possession as a result of the liquidation of a private development company; if he holds title to a section of public open lands (details supplied) as a result of the liquidation of a company (details supplied) which had been the original developer of the houses on the road in question; if proceedings have commenced to allow the transfer of the title for the lands to South Dublin County Council; if impediments exist to the possible transfer of this title; and if he will make a statement on the matter. [34976/05]

Tom Parlon (Laois-Offaly, Progressive Democrats)
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I am advised by the Chief State Solicitor that the usual procedure for dealing with dissolved companies where properties are not held on trust for another person is by way of deed of waiver. However, this is not applicable in this instance for the following reasons. The question of ownership by the Minister therefore does not arise in this instance. Section 28(2) of the State Property Act 1954 states: Where a body corporate is dissolved, either before, on or after the operative date, the following provisions shall apply and have effect and, in the case of a body corporate dissolved before the operative date, be deemed to have applied and to have had effect as from such dissolution, that is to say:—

(a) all land which was vested in or held in trust for such body corporate immediately before its dissolution (other than land held by such body corporate upon trust for another person) shall immediately upon such dissolution, become and be the property of the State, subject however to any encumbrances or charges affecting the land immediately before such dissolution.

With regard to the private development company in question, no documentation has been furnished to date proving title to the property which it purported to dedicate to Dublin County Council by agreement dated 29 July 1982. Evidence of title is always required in considering whether from a legal point of view, the property has vested in the State and a waiver can be considered. Furthermore, section 28 does not apply where land is held by a body corporate upon trust for another person, as stated in brackets in the excerpt cited. As the property was dedicated to Dublin County Council, the dissolved company was holding the property on trust for the public and accordingly the provisions of the State Property Act do not apply.