Congested Districts (Scotland) Act 1897
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Change 1
5 Acquisition, adaptation, and disposal of land.
(1) For the purpose of the purchase of land by the Commissioners (who are hereby authorised to purchase and hold land and dispose thereof as in this Act provided) the Lands Clauses Acts shall be incorporated with this Act, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement; and the provisions of sub-section four of section three of the Allotments (Scotland) Act, 1892, with respect to the settlement of disputed compensation for land, shall apply, with the necessary modifications, as if the Commissioners were therein referred to. (2) Any limited owner may sell land to the Commissioners for the purposes of this Act at such a price, or for such consideration as, having regard to those purposes and to all the circumstances of the case, is deemed reasonable; a limited owner may also, with the sanction of the Local Government Board given under this section, convey the land for that purpose either without payment of any purchase money or compensation, or at a price less than the real value, and may so convey it free of all incumbrances. Provided that the Local Government Board shall not give their sanction under this section unless they are satisfied that the purpose for which the land is conveyed is such as is calculated to benefit the remaining land held by the same title or other land of the same landowner, and provided also that, if the land proposed to be conveyed is subject to incumbrances, the Local Government Board before giving their sanction under this section shall cause notice to be given to the incumbrancers, and shall consider the objections, if any, raised by them. (3) The Commissioners may, if they think fit, before disposing of land for the purposes of this Act, adapt the same by dividing and fencing it, making occupation roads, and executing any other works, such as works for the provision of drainage or water supply, which can, in the opinion of the Commissioners, be more economically and efficiently executed for the land as a whole. (4) The Commissioners may also, if they think fit, adapt the land for the purposes of this Act by erecting or assisting in erecting thereon such buildings, or making such adaptations of existing buildings as, in their opinion, are required for the due occupation of the land, and cannot be made by the crofters or cottars or fishermen. (5) Where any right of grazing or other similar right is attached to land acquired by the Commissioners for the purposes of this Act, the Commissioners may attach any share of the right to any holding in such manner and subject to such regulations as they think proper. (6) The Commissioners may accept any gifts of property, heritable or moveable, for any or all of the purposes for which money is provided by this Act, and apply them according to the directions of the donor, if consistent in their opinion with the purposes on which they apply the said money, and subject to any such directions, may apply them in like manner as that money.
5 Acquisition, adaptation, and disposal of land.
(1) For the purpose of the purchase of land by the Commissioners (who are hereby authorised to purchase and hold land and dispose thereof as in this Act provided) the Lands Clauses Acts shall be incorporated with this Act, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement; and the provisions of sub-section four of section three of the Allotments (Scotland) Act, 1892, with respect to the settlement of disputed compensation for land, shall apply, with the necessary modifications, as if the Commissioners were therein referred to. (2) Any limited owner may sell land to the Commissioners for the purposes of this Act at such a price, or for such consideration as, having regard to those purposes and to all the circumstances of the case, is deemed reasonable; a limited owner may also, with the sanction of the Local Government Board given under this section, convey the land for that purpose either without payment of any purchase money or compensation, or at a price less than the real value, and may so convey it free of all incumbrances. Provided that the Local Government Board shall not give their sanction under this section unless they are satisfied that the purpose for which the land is conveyed is such as is calculated to benefit the remaining land held by the same title or other land of the same landowner, and provided also that, if the land proposed to be conveyed is subject to incumbrances, the Local Government Board before giving their sanction under this section shall cause notice to be given to the incumbrancers, and shall consider the objections, if any, raised by them. (3) The Commissioners may, if they think fit, before disposing of land for the purposes of this Act, adapt the same by dividing and fencing it, making occupation roads, and executing any other works, such as works for the provision of drainage or water supply, which can, in the opinion of the Commissioners, be more economically and efficiently executed for the land as a whole. (4) The Commissioners may also, if they think fit, adapt the land for the purposes of this Act by erecting or assisting in erecting thereon such buildings, or making such adaptations of existing buildings as, in their opinion, are required for the due occupation of the land, and cannot be made by the crofters or cottars or fishermen. (5) Where any right of grazing or other similar right is attached to land acquired by the Commissioners for the purposes of this Act, the Commissioners may attach any share of the right to any holding in such manner and subject to such regulations as they think proper. (6) The Commissioners may accept any gifts of property, heritable or moveable, for any or all of the purposes for which money is provided by this Act, and apply them according to the directions of the donor, if consistent in their opinion with the purposes on which they apply the said money, and subject to any such directions, may apply them in like manner as that money.
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