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Dáil Éireann debate -
Thursday, 10 Dec 1964

Vol. 213 No. 6

Ceisteanna—Questions. Oral Answers. - Arbitration on Land Prices.

4.

asked the Minister for Finance if in view of the fact that there is at present only one arbitrator to deal with cases of price disagreement between local authorities and landowners in compulsory acquisition cases, and that therefore arbitration is frequently delayed for a very long time, it is now intended to appoint more arbitrators to deal with such cases.

The appointment of Property Arbitrators is, under the Property Values (Arbitration and Appeals) Act, 1960, a function of the Land Values Reference Committee.

Neither my Department nor the Reference Committee are aware of any complaints of delay on the part of the Property Arbitrator in dealing with disputes about the compensation offered for land compulsorily acquired by local authorities. I understand that, in fact, all cases referred to him before 1 August, 1964, have already been cleared by him.

The normal practice is to leave it to the parties concerned to agree on a date for hearing by the Property Arbitrator. On the basis of that practice, 13 cases have been referred to him since 1 August, 1964. One has been completed, one has been adjourned until 1 February, 1965, two are due for hearing on 8 February, 1965, and the date of hearing has yet to be fixed in the case of the remaining nine. Where there is undue delay or on complaint from either party, he can fix a peremptory date for the hearing.

In these circumstances, it does not appear to the Reference Committee that the appointment of an additional Property Arbitrator would be justified.

Will the Minister state the number of arbitrators appointed to investigate the differences between the local authorities and private owners?

The Reference Committee, as I explained, have the appointment of the arbitrators. I understand they have appointed two, but practically all the work is done by one and the other is there as a choice, which is not exercised by anyone as far as I know.

Does the Minister consider one arbitrator to arbitrate on land valuations between an individual and a local authority insufficient?

No, it is not.

It is not insufficient?

I know people in my city who have been waiting for three years for an arbitrator to come and decide on a price between their value and the local authority value and already in that area the houses have been built and are accommodated and still a price has not been arrived at. Does the Minister not consider that a delay of three, four or five years is unnecessary and that it is essential that one or two more arbitrators should be appointed?

I told the Deputy in the reply that any case that had been referred to the arbitrator before 1st August has already been dealt with, so if they were three or four years waiting, it means the two parties concerned have not agreed to go to arbitration.

Is it not the duty of the arbitrator to decide questions of differences between the local authority and the individual? Both parties bring in a valuer. One valuer says it is one price and the local authority valuer says it is another. Then we have to wait four or five years for the arbitrator to come in and decide.

Question No. 5.

I am not satisfied with the Minister's reply.

The Deputy may not remain asking questions all the evening.

I am not getting a satisfactory reply.

I cannot help that. I must go on with the business of the House.

The Deputy should read the reply.

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