(Cavan) asked the Minister for Local Government if he is aware that many schemes under the local improvement scheme are held up because some of the land owners refuse to co-operate, to the detriment of adjoining owners; and if he will amend the law to enable local authorities to acquire land compulsorily for the purpose of carrying out such schemes.
Ceisteanna—Questions. Oral Answers. - Local Improvements Schemes.
133.
I am not so aware. I am not satisfied that legislation of the kind suggested is necessary or appropriate.
Surely the Minister, as a rural Deputy, must know that regularly local improvement schemes are stymied by some awkward person in the locality, that regularly these schemes cannot get under way because one person refuses to co-operate? A lot of very commendable schemes are held up because of this. There should be some compulsion so that one person should not be allowed to upset his neighbours. The Minister must know that this is quite a serious problem.
I know there are cases where sometimes neighbours are in dispute and one person does not co-operate. This can hold up the improvement of the road where the agreement of all is required. It only happens in a small number of cases. If you start introducing an element of compulsion, whatever difference or bitterness is there, might only be worsened or deepened. In this field compulsion should not be used.
I put it to the Minister that there is already legislation in existence which compels the co-operation of neighbours in relation to small drainage works. It would be analogous to that legislation. The very fact that the compulsion is in the background generally ensures co-operation and very rarely has it to be used. If it has to be used it will not make what is bad any worse.
The volume of work on the roads is much greater.