HC Deb 23 November 1909 vol 13 cc139-40

(1) Where negotiations have been entered into or proposals have been made for the purchase under the Land Purchase Acts of any estate or untenanted land not situated in a congested districts county and no agreement has been arrived at, the Estates Commissioners may, if they think fit, send in the prescribed manner to the person who appears to them to be the owner a final offer in writing for the purchase of the estate or untenanted land.

(2) The final offer shall contain the following particulars:—

  1. (a) A description of the estate or untenanted land to which the offer relates;
  2. (b) The amount of the price which the Estates Commissioners are willing to give for the estate or untenanted land, subject—
    1. (i.) to any public rights affecting the estate or untenanted land;
    2. (ii.) to any maintenance charges under the Public Works Acts; and (in the case of an estate);
    3. (iii.) to any interests of the tenants or of persons having any claims upon those interests, and to any easements, rights, and appurtenances mentioned in Section thirty-four of the Act of 1896:
    but save as aforesaid, and subject to the provisions of the Act of 1903 with respect to minerals discharged from the claims of all persons who are interested in the estate or untenanted land, whether in respect of superior or intervening interests or incumbrances or otherwise; and
  3. (c) The time within which the offer may be accepted.

(3) If within the time specified in that behalf in the final offer, the offer is accepted in writing by any person who within the prescribed period satisfies the Estates Commissioners that he may be dealt with as the owner of the estate or untenanted land under Section seventeen of the Act of 1903, the offer and acceptance shall as from the date upon which the Estates Commissioners certify that they are so satisfied, have the same effect as an agreement for the purchase of the estate or untenanted land under the said Act as amended by this Act, and the like consequences shall ensue and the like proceedings shall be carried on as in the case of such an agreement save that the advance for the purpose of the purchase shall, notwithstanding anything to the contrary in this Act, be made by means of money and not by means of stock, except in cases where the vendor agrees to accept in lieu of cash an amount of guaranteed three per cent, stock equal in nominal amount to the sum to be advanced, and carrying dividends as from the date of the advance, and the Estates Commissioners agree that the advance shall be made in that manner.

(4) If the said offer is not accepted as aforesaid the Estates Commissioners may, if they think fit, proceed to acquire the estate or untenanted land compulsorily in manner provided by Part IV. of this Act.

(5) In estimating the price to be named in the final offer the Estates Commissioners shall have regard to the provisions of the Act of 1903, as amended by this Act, in respect of advances and to the prices which the tenants and other persons are willing to give for the holdings (if any) and parcels of land comprised in the estate or untenanted land.

Lords Amendments agreed to: In Subsection (1) after the word "any" ["any estate or untenanted land"] insert the word "congested."

In Sub-section (1) leave out the words "if they think fit" ["the Estates Commissioners, if they think fit"] and insert instead thereof the words "if in their opinion it is desirable that the estate or untenanted land should be purchased for the purpose of relieving congestion."