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  • 19-07-2014 7:50pm
    #1
    davidlacey
    Registered Users Posts: 416 ✭✭


    Just seen in the Facebook group, CIE are putting in an abondment order for the tralee to fenit branch,what purpose does this serve as there was no real chance of it ever been used again


Comments

  • #2
    Judgement Day
    Closed Accounts Posts: 13,549 ✭✭✭✭Judgement Day


    davidlacey wrote: »
    Just seen in the Facebook group, CIE are putting in an abondment order for the tralee to fenit branch,what purpose does this serve as there was no real chance of it ever been used again

    It's a required legal formality.


  • #3
    end of the road
    Registered Users Posts: 28,984 ✭✭✭✭end of the road


    i'd imagine its being done so the main legal hurdle is removed for putting in the greenway

    ticking a box on a form does not make you of a religion.



  • #4
    Losty Dublin
    Registered Users Posts: 12,956 ✭✭✭✭Losty Dublin


    end of the road wrote: »
    i'd imagine its being done so the main legal hurdle is removed for putting in the greenway

    On the contrary, an abandonment order may actually be an impediment to a greenway.

    Legally CIE are obliged to offer the lands to adjacent landowners first dibs of purchase should they begin to dispose of the lands of the route. if there are no takers then local authorities are offered the chance to buy. If they turn down any lands it is them open to be sold private concerns, either by auction or via private sale. This chain puts those developing a greenway at a huge disadvantage should they wish to own the land bank.

    I should stress that this protocol is as per the 1950 Railway Act. The act which allowed for the building of the line may have specified another procedure for the disposal of all land properties. CIE may also choose to dispose of lands outside of the law as is; if they do then they run the risk of legal challenge. None of this can happen until CIE formally apply to abandon the line and are granted ministerial consent to do so; in truth this is little more than rubber stamping and it is unlikely to be denied nor are there strong grounds to retain the line, it's right of way and it's running powers for a railway.


  • #5
    Hungerford
    Registered Users Posts: 912 ✭✭✭Hungerford


    Losty Dublin wrote: »
    On the contrary, an abandonment order may actually be an impediment to a greenway.

    Yep. It appears that a certain Minister Alan Kelly thought up this harebrained scheme. CIE is apparently also going to be putting in for an abandonment order for the North Kerry line.


  • #6
    Losty Dublin
    Registered Users Posts: 12,956 ✭✭✭✭Losty Dublin


    Hungerford wrote: »
    Yep. It appears that a certain Minister Alan Kelly thought up this harebrained scheme. CIE is apparently also going to be putting in for an abandonment order for the North Kerry line.

    The North Kerry line was formally abandoned in 1987 but interestingly the Fenit branch wasn't included in this; it being built as a stand alone line hence this order being needed. The trackbed of the North Kerry is still owned by CIE and arguably it needs to be; it is the route of a fibre optic cable so there is strategic importance in it being held onto by CIE which has been to the advantage of the Great Southern Trail group. I can see this getting messy and through no fault of CIE if it's not handled right.


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