|
|
|
Dáil Éireann - Volume 210 - 26 May, 1964 Ceisteanna—Questions. Oral Answers. - Abandoned Railway Lands. Mr. Spring Mr. Spring 22. Mr. Spring asked the Minister for Transport and Power whether CIE have power, on the closing of a branch railway line, to compel farmers whose land adjoins the branch line concerned to take over the land on which it ran; and whether he is aware that the drainage and fencing of such land is a burden on small farmers out of all proportion to its value. Minister for Transport and Power (Mr. Childers) Erskine Hamilton Childers Minister for Transport and Power (Mr. Childers): The answer to the first part of the Deputy's question is in the negative. CIE may under transport legislation terminate its liability to maintain accommodation works such as fences, drains, etc. when a railway line is formally abandoned provided that at least one month's notice is given to the owner or occupier of the adjoining land. The Board is, however, obliged to pay compensation to the adjoining owner or occupier for all such injury or damage, if any, as he may sustain by reason of the cesser of such liability. I am not aware that this arrangement has given rise to any dissatisfaction. Mr. P. O'Donnell Mr. P. O'Donnell Mr. P. O'Donnell: Do I understand the Minister to state that where railway lines have been abandoned, the onus in respect of drainage and fencing passes from the railway company to the adjoining landowner? Mr. Childers Mr. Childers Mr. Childers: Under the 1955 Act, CIE may decide that it is more desirable for them to continue maintaining the fencing and drainage, or they may make an arrangement with the adjoining landowner and compensate him. Mr. Corish Mr. Corish Mr. Corish: Can the Minister say who determines whether there has been damage or inconvenience to the landowner? Mr. Childers Mr. Childers 16 Mr. Childers: That could come before the courts, but in the ordinary way if there is disagreement, it is [16] settled by an arbitrator whom I appoint. Mr. Corish Mr. Corish Mr. Corish: Is that simpler and cheaper? Mr. Childers Mr. Childers Mr. Childers: I have not had to appoint an arbitrator. There have never been any such cases. Mr. Corish Mr. Corish Mr. Corish: Is that simpler and cheaper than the courts? Mr. Childers Mr. Childers Mr. Childers: I should imagine it could be more expensive. Mr. P. O'Donnell Mr. P. O'Donnell Mr. P. O'Donnell: Does that apply to all abandoned railway lines in addition to CIE? Mr. Childers Mr. Childers Mr. Childers: I think so. Dáil Éireann 210 Ceisteanna—Questions. Oral Answers. Abandoned Railway Lands. Questions 19640526
| ||||||||||||||||||||||
