Vol. 525 No. 3
158 Mr. Penrose asked the Minister for the Environment and Local Government if he has had any discussions with the Department of Finance on the impact which proposed and on-going road building schemes are having on farms; if his attention has been drawn to the fact that the decision making process on road building and subsequent compensation for farmers affected by this is extremely slow; and if he will make a statement on the matter. [23396/00]
Land owners and the public must be consulted on the construction of roads and motorways under the relevant statutory provisions of the planning Acts or the roads Act. In addition, earlier non-statutory consultations with these parties now commonly takes place in relation to major national road developments. Within the unavoidable land requirements of such developments, it is the policy of the National Roads Authority and road authorities to seek to minimise all adverse impacts, including severance of farms.
Local authorities can acquire land for road building by agreement or compulsorily. Where lands are acquired by agreement the level of compensation and timing of the purchase are matters for the local authority and the land owner.
The legislation governing compulsory land acquisition by local authorities provides for the payment of compensation for lands acquired by them on the authorisation of a duly confirmed CPO. The amount of compensation payable by local authorities in such cases is a matter for negotiation between the land owner and the local authority concerned, or, in the event of dispute, for arbitration. The basic rule applied by the property arbitrator under the relevant legislation is market value. There is also provision for compensation for disturbance, severance and injurious affection.
