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Dáil Éireann debate -
Thursday, 7 Nov 2002

Vol. 556 No. 5

Written Answers. - Compensation Policy.

Trevor Sargent

Question:

181 Mr. Sargent asked the Minister for the Environment and Local Government his views on farmers having the option of replacement land acreage or monetary compensation when road building or other compulsory purchase order activity depletes farm size in view of the difficulty for farmers to find affordable accessible replacement land. [20984/02]

Where land is being acquired compulsorily for public purposes, compensation is determined statutorily on the basis of the market value of the land in question plus payment for any disturbance, severance or injurious affection. It is a matter for the land owner to determine whether to replace the land taken. I have no proposals to change the law to give the option of replacement land instead of monetary compensation. A voluntary agreement on the acquisition of certain lands for national roads was joined between the Irish Farmers Association, the Department of the Environment and Local Government, which was then the appropriate central Government Department in relation to national roads, and the National Roads Authority on 10 December, 2001. The purpose of this agreement is to establish additional arrangements and procedures, supplementary to those provided in legislation, to enable the NRA and local authorities, efficiently and cost effectively to deliver the national roads development programme within the time scale of the national development plan (NDP) 2000-2006. Under the agreement the NRA and local authorities, in return for co-operation from the IFA in allowing early and speedier access to land, will, inter alia, pay a premium of €5,000 per acre in addition to assessed compensation and assess the market value of land by reference to the value of the actual land parcel on a stand alone basis rather than as part of the whole farm.

The agreement provides for an independent assessment mechanism where the land owner and the acquiring authority fail to agree on the compensation package to be paid. The agreement also provides for the establishment of a liaison group, including representatives from the NRA and IFA to facilitate its efficient and effective implementation. The agreement, a copy of which is available in the Oireachtas library, is currently being implemented by the NRA and local authorities.

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