Jerry Buttimer (Cork South Central, Fine Gael)
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Question 318: To ask the Minister for Communications, Energy and Natural Resources the entitlement of the ESB to obtain wayleaves over private lands to facilitate the passing of overhead electricity cables; and if the ESB is entitled to mandatorily acquire such wayleaves. [20852/11]

Pat Rabbitte (Dublin South West, Labour)
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Pursuant to Section 53 of the Electricity (Supply) Act, 1927, as amended, ESB is statutorily entitled to place any electric line above or below ground (Section 53(1)). Before placing any line across any land ESB must serve on the owner and on the occupier of such land a notice in writing stating its intention to place the line and giving a description of the nature of the line and the position and manner in which it is intended to be placed (Section 53(3)). Seven days after service of such notice ESB may with or without the consent of the owner and occupier place such line across such land in the position and manner stated in the said notice (Section 53(4) and Section 53(5) - 14 days amended to seven days by the Electricity (Supply)(Amendment) Act, 1945 (Section 46(5)).

This right is subject to the entitlement of the owner or occupier to be paid compensation in respect of the exercise by ESB of the powers conferred on it by Section 53, such compensation to be assessed in default of agreement under the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 (Section 1 of the Electricity (Supply) (Amendment) Act 1985).