Dáil Éireann debate -
Tuesday, 22 Oct 2002

Vol. 555 No. 5

Written Answers. - National Development Plan.

Ciarán Cuffe

Question:

390 Mr. Cuffe asked the Minister for the Environment and Local Government the procedures he has in place to assess claims for compensation for roads under the national development plan which are claimed against local authorities in view of the fact that it is the Exchequer which funds the compensation payments. [19110/02]

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

Land required for road development projects under the National Development Plan 2000-2006 is generally acquired compulsorily. The relevant CPO legislation provides for the payment of compensation by local authorities for lands acquired by them on the authorisation of a duly confirmed CPO. Compensation is composed of a number of elements, the market value of the land, disturbance, severance and injurious affection. Where a dispute arises about compensation the matter can be referred to an independent arbitrator for decision. A decision taken by the arbitrator is binding on both parties.

A voluntary agreement in respect of the acquisition of land for national roads between the Irish Farmers Association, the National Roads Authority and the Department of the Environment and Local Government – which was then the appropriate central Department in relation to national roads – came into operation on 10 December 2001 in relation to the acquisition of farmland for national roads. The agreement provides for the establishment of a liaison group including representatives from the NRA and IFA to facilitate its efficient and effective implementation. The agreement also provides for an independent assessment mechanism in cases where the local authority and the individual landowner fail to reach agreement on the compensation package to be paid. A copy of the agreement has been placed in the Oireachtas library. The NRA has issued circulars to local authorities in relation to implementation arrangements.