The existing compulsory purchase process provides safeguards for those from whom local authorities are acquiring land compulsorily. If objections are made to the Minister by owners, lessees and occupiers, not being tenants for a month or less of the lands and the objections do not relate solely to matters affecting compensation, the Minister, unless he decides to annul the order, must arrange for the holding of a public local inquiry into the objections. Before deciding whether to confirm the order he must consider the objections made and the report of the person who held the inquiry. Where the order is confirmed it may be challenged in the courts.
Compensation is payable by local authorities for land acquired by them on the authorisation of a duly confirmed compulsory order. This is a matter for negotiation between the local authority and the property owners concerned. In the event of dispute either party has recourse to the land reference committee for the appointment of an official property arbitrator to determine the case.
The Planning and Development Bill, 1999, which has passed all Stages in the Houses of the Oireachtas, will transfer the Minister's functions to An Bord Pleanála and bring about other changes designed to streamline the compulsory purchase order process. These include provision for less formal oral hearings in place of the more formal public local inquiries, the confirmation of compulsory purchase orders by local authorities themselves where there are no objections, time limits on submitting compulsory purchase orders to the board for confirmation, an 18 week objective for making decisions on compulsory purchase orders and shortening the period within which local authorities must serve notice to treat to purchase the land from three years to 18 months.
