The compulsory acquisition of land for public purposes, on the basis of fair compensation to landowners, has operated widely in Ireland for many years and is supported by the Constitution and a range of legislative proposals which have been regularly upheld by the courts. It is a basic principle within this process that landowners must get fair compensation and that it should be paid as quickly as possible.
Compensation is comprised of a number of elements. The fundamental point of reference is the market value of the land. Compensatory provision is also made for disturbance, severance and injurious affection; these in certain circumstances would exceed the land value element of the total compensation package. In addition, accommodation works such as underpasses are also catered for. Where a dispute arises about compensation the matter is referable to an independent arbitrator.
Compulsory acquisition of land for a road project to be provided under a public private partnership, PPP, does not alter the application of the above arrangements and principles. Under present arrangements, land in such areas will be acquired by and remain in the ownership of, the local road authority. The new road facility will be a public one, with the revenue from user fees defraying part only of the costs of construction, operation and maintenance.
The Government is committed to a fair and equitable compulsory purchase process. The Government is also concerned that the national development programme should be delivered on time and cost effectively so that the country as a whole can enjoy sustained economic growth and more balanced regional development.
The proposals published by the IFA for amendment of the arrangements for compulsory acquisition of land have been discussed on a number of occasions between IFA and the Department of the Environment and Local Government and other relevant agencies, including the National Roads Authority. These discussions have taken place in the context of the commitment in the Programme for Prosperity and Fairness to the "fair and efficient implementation of compulsory purchase orders", and are continuing. Pending the completion of these discussions, I do not propose to comment on particular details of the IFA proposals.
