LAND ADMINISTRATION ACT 1997 - SECT 197

LAND ADMINISTRATION ACT 1997 - SECT 197

197 .         Person refusing to give up possession etc. of land, Minister’s powers in case of

        (1)         If the Minister is authorised because of a taking order or under Division 4 to enter on, take possession of or use any land, and the proprietor or occupier of the land, or any other person, refuses to give up possession or hinders the Minister or any person appointed in writing by the Minister, the Minister may issue a warrant to the sheriff to deliver possession of the land to the person appointed in the warrant to receive possession, and, on receipt of the warrant, the sheriff must deliver possession of any such land accordingly.

        (2)         The costs of the issue and execution of such a warrant, to be determined by the sheriff, must be paid by the person refusing to give possession, and —

            (a)         if any compensation is payable to the person, the amount of the costs are to be deducted from the compensation; and

            (b)         any excess costs remaining after the application of paragraph (a) which are not paid by the person on demand are to be levied by distress upon the goods and chattels of the person.

        (3)         A warrant must be issued by any Justice of the Peace for the purposes of subsection (2)(b) upon application by any person appointed for the purpose by the Minister.

        [Section 197 amended: No. 4 of 2023 s. 92.]