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HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 26

Compulsory acquisition of land by harbour authorities.

26.(1) Where a harbour authority desires to acquire, otherwise than by
agreement, any land for the purposes of its functions, it may apply to
the Ministry for an order vesting in it the fee simple or any lesser estate in
that land, and

(a)the Ministry may make the vesting order in respect of the whole of the land
or any part of it;

(b)on an application for an order vesting the fee simple in the land,
the Ministry may make an order vesting in the harbour authority such lesser
estate in the land or in any portion thereof as may be specified in the order.

(2) Section 22(2) of, and Schedule 2 to, the Local Government Act (Northern
Ireland) 1934 shall, subject to the modifications specified in Schedule 4,
have effect for the purposes of an order under subsection (1).

(3) For the purposes of this section and of the application, by subsection
(2), of the enactments mentioned in that subsection, the interest of a grantee
under a fee farm grant shall be taken to be a lesser estate than a fee simple.

(4) The Ministry shall not make a vesting order under subsection (1) in
respect of any land owned or occupied by or on behalf of the [Northern Ireland
Housing Executive], a local authority, a public utility undertaking or, as
from the appointed day within the meaning of the Post Office Act 1969, the
Post Office.

(5) In this section

"local authority" means the council of a county, county or other borough or of
an urban or rural district;

"public utility undertaking" includes any body corporate carrying on a gas,
water, electricity or public transport undertaking and any undertaking for
providing or improving drainage.


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