Written answers

Wednesday, 8 February 2023

Department of Public Expenditure and Reform

Compulsory Purchase Orders

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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115. To ask the Minister for Public Expenditure and Reform if he will provide an update on a compulsory purchase order (details supplied) in County Kerry; and if he will make a statement on the matter. [5540/23]

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick County, Fine Gael)
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The Commissioners of Public Works are leasing this property on a 99 year lease since 1st of August 1927.  The property is used and will continue to be used as a Coastguard Station until it is no longer required for that purpose.

The Commissioners are in full compliance with the terms of the lease.  As is provided in the lease, the Commissioners will, if needed, exercise their rights under the lease agreement to continue to lease the property on the same terms on a yearly basis after the 99 year term expires.

Under the Landlord and Tenant (Ground Rent) Acts 1967-2019, the Commissioners are asserting their entitlement to purchase the Fee Simple on this property.  The Chief State Solicitors Office has initiated this process.  The entitlement to buy out a ground rent is on the statute books since 1978.  The objective in exercising this right, or entering into a yearly tenancy, is to secure the use of the property for the important work of the Coastguard service for as long as is required.  This is the Commissioners' sole objective and it is doing so in accordance with the lease and with long established legislation.

The officials in the Office of Public Works, through the Chief State Solicitors Office, will engage with solicitors for the landowner with a view to reaching agreement on how both the Lessors' and Lessee’s needs and entitlements will be met.

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