Agricultural Land (Utilisation) Act 1931

PART IModifications of Lands Clauses Acts

The modifications subject to which the Lands Clauses Acts are incorporated in Part I of this Act are as follows :—

(a)the bond required by section eighty-five of the Lands Clauses (Consolidation) Act, 1845, shall be under the seal of the Minister and shall be sufficient without sureties.

(b)In lieu of section ninety-two of the Lands Clauses (Consolidation) Act, 1845, the following provisions shall have effect—

No person shall be required to sell any land which forms part of any park, garden, or pleasure ground attached to and usually occupied with a dwelling-house or forms part of the home farm usually occupied with a mansion house, if he is willing and able to sell the whole of the park, garden, pleasure ground or home farm with the dwelling-house or mansion house; and no person shall be required to sell a part only of any house or building, if he is willing and able to sell the whole of the house or building, unless the arbitrator determines that such part of the house or building as is proposed to be taken can be taken without material detriment to the house or building; and, if he so determines, he may award compensation in respect of the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the person interested shall be required to sell to the Minister that part of the house or building; and

(c)where any land compulsorily acquired is glebe land or other land belonging to an ecclesiastical benefice, anysums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for damage to be sustained by the owner by reason of severance or injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners, to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice.