TRAMWAYS (IRELAND) ACT 1860 - SECT 28 On abandonment, damage to be made good; and land to be used for highway purposes, or to go back to original owner.

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TRAMWAYS (IRELAND) ACT 1860 - SECT 28

On abandonment, damage to be made good; and land to be used for highway purposes, or to go back to original owner.

28. Provided always, that any Order in Council authorizing the abandonment of
a tramway, or any part thereof, shall be made and take effect subject to the
following restrictions and conditions:

<1.The Order shall contain such provisions as may appear expedient for compelling the owners of the tramway to make good any damage that may have been caused to any post road, turn-pike road, public highway, street, square, market place, court, lane, alley, bridge, or quay, or other public thoroughfare, passage, or place, by or in consequence of the making of the tramway, or of the part thereof authorized to be abandoned (as the case may be):


<2.If, on the application for the Order, it is shown to the Lord Lieutenant in Council that all or any lands acquired by the owners of the tramway for the purposes thereof, or of the part thereof authorized to be abandoned (as the case may be), may with advantage be dedicated for highway purposes to the use of the public, and to that end be placed under the control of [the Department of the Environment], ... the Order in Council shall contain such provisions in that behalf as may appear expedient:


<3.In the absence of any such provisions, and so far as all or any such provisions shall not extend, the lands acquired by the owners of the tramway for the purposes thereof, or of the part thereof authorized to be abandoned (as the case may be), shall go to and vest in the person or persons from whom the same were acquired, his or their respective heirs, successors, executors, administrators, or assigns, (according to the tenure of the lands,) discharged from all estates, interests, and claims of the owners of the tramway, or any person claiming under them, and as if any Order authorizing the making of the tramway had never been made or confirmed, or as near thereto as circumstances will admit.

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Northern Irish Legislation

TRAMWAYS (IRELAND) ACT 1860 - SECT 28