Dáil Éireann debate -
Wednesday, 8 Nov 2000

Vol. 525 No. 3

Written Answers. - Roads Projects.

Ivan Yates

Question:

135 Mr. Yates asked the Minister for the Environment and Local Government the plans, if any, he has to amend the Acquisition of Land Act, 1919, or the Local Government (Planning and Development) Act, 1963, in order that real market value can be paid for land acquired by compulsory purchase order for national road realignments; if his attention has been drawn to the current problems where sums less than current market values are being paid for land being so acquired; and if he will make a statement on the matter. [19303/00]

Minister for the Environment and Local Government (Mr. Dempsey)

Compensation is payable by local authorities for land acquired by them on the authorisation of a duly confirmed compulsory order. The amount of compensation is a matter for negotiation between the local authority and the property owners concerned and I have no function in the matter. In the event of agreement not being reached either party has recourse to the land reference committee for the appointment of an official property arbitrator to determine the appropriate compensation.

The arbitration system operates under the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended.

The fundamental rule of importance which is contained in the 1919 Act and which must be applied by the arbitrators provides that the value of the land is the market value. Market value is assessed at the time of service of the notice to treat. The assessment of compensation also provides for sums for disturbance, severance and injurious affection as outlined in the compulsory compensation code. As the existing compulsory acquisition compensation code provides for the payment of compensation at market value there are no plans to amend legislation in this area.