CHIEF STATE SOLICITOR'S OFFICE

State Property Division

The Division consists of three sections each of which is focused on the property law issues of their Client Departments as follows: Defence, Marine and Sports Capital Programme Section; Finance, Education, Justice and Heritage Section; Office of Public Works/Health and Children Section.

Defence, Marine and Sports Capital Programme

The Section handles property law matters for the Departments of Defence; Communications, Marine and Natural Resources; Arts, Sport and Tourism; Community, Rural and Gaeltacht Affairs; Agriculture and Food.

• Defence - The work includes the disposal of property surplus to military requirements. Other work undertaken consists of the leasing and licensing of properties acquired for military and naval purposes.
• Communications, Marine and Natural Resources - The work consists mainly of sales, leases and licences in respect of Foreshore, sales and leases of sites at Fishery Harbour Centres
• Arts, Sport and Tourism - The work comprises the legal requirements of National Lottery Grants under the Sports Capital Programme. Under the programme Lottery funding has been allocated to various sports clubs, youth clubs and community centres to develop facilities.
• Community, Rural and Gaeltacht Affairs - The work comprises the legal requirements of Gaeltacht Grants provided by that Department for community and recreational facilities.

The Section also handles litigation and provides miscellaneous advices arising out of its principal work.

Finance, Education, Justice and Heritage

The Section deals with ultimate intestacy cases protecting, administrating and disposing of assets to include real property; Section 49 applications to the Land Registry where the State has an interest due to ultimate intestacy; waivers / applications under Sections 28 and 30 of the State Property Act, 1954 (where property of a dissolved company vests in the Minister for Finance) and declarations of ownership under Section 30 of the State Property Act, 1954.

The Section advises the Department of Education and Science on property matters and deals with purchases / sales, leases and Declarations of Trust.

The heritage work covers the acquisition of properties including national monuments/historic properties, bogland /turbary rights in Special Areas of Conservation under the EU Natural Habitats Regulations 1997; advice regarding the management of national parks and heritage issues.

The Section also looks after property matters on behalf of the Department of Justice and the legal requirements of grants under the Arts and Cultural Capital Enhancement Support Scheme (ACCESS) for the Department of Arts Sport and Tourism.

OPW/Health and Children

The Section works almost exclusively for the Commissioners of Public Works in Ireland (OPW), with a very small proportion of work being undertaken for the Department of Health and Children.

The work of the Section is essentially commercial conveyancing, with the focus changing from time to time to match the ongoing needs of the OPW as the property management agents for the State. The work includes commercial leasing of accommodation for Government Departments and Offices and the acquisition and disposal of properties under various OPW programmes, such as the Transforming State Assets Programme, the School Site Acquisition Programme, the Decentralisation Programme. In addition, ongoing legal advice is provided on a range of property issues as they arise, such as landlord and tenant, planning, contract and title matters.

National Lottery Grants

The State Property Division of the Office of the Chief State Solicitor provides legal services to the Minister for Arts, Sport and Tourism in respect of grants made under the Sports Capital Programme which is funded by the National Lottery. This programme provides funding to voluntary, sporting and community organisations at local, regional and a national level throughout the country towards the provision of sport and recreational facilities. Applications in respect of same should be made directly to the Minister for Arts, Sport and Tourism.

All clubs should nominate a solicitor to act on their behalf and this office will deal directly with their solicitor. Enquiries in respect of grants which have been allocated should be made directly through each club's solicitor.