Dáil Éireann díospóireacht -
Wednesday, 6 Dec 2000

Vol. 527 No. 4

Written Answers. - Compulsory Purchase Orders.

Brian O'Shea

Ceist:

149 Mr. O'Shea asked the Minister for the Environment and Local Government the proposals he has to speed up the payment of compensation to farmers following compulsory acquisition of farm land for road building or road widening purposes; and if he will make a statement on the matter. [28991/00]

Brian O'Shea

Ceist:

150 Mr. O'Shea asked the Minister for the Environment and Local Government the proposals he has to pay compensation to farmer whose holdings have been divided by compulsory acquisition of farm land for road building or road widening; and if he will make a statement on the matter. [28992/00]

Minister of State at the Department of the Environment and Local Government (Mr. Molloy)

I propose to take Questions Nos. 149 and 150 together.

The compensation code for compulsory purchase of land, including land required for road development provides for the payment of com pensation by local authorities for lands acquired by them on the authorisation of a duly confirmed compulsory purchase order. The amount of compensation payable is a matter for negotiation between the landowner 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 the market value of the land. There is also provision for compensation for disturbance, severance and "injurious" affection. The time taken to make compensation payments is dependent upon agreement being reached, the pace of negotiations or the necessity to seek arbitration in disputed cases. However, general policy would be to pay as expeditiously as possible.

I accept that in principle it is desirable for statutory procedures, including land acquisition, to be completed as quickly as possible. In this regard, the Planning and Development Act, 2000, tightens the time limits for dealing with CPOs which should lead to earlier completion of procedures in this area. I am also aware that issues regarding acquisition of agricultural land for major road and motorway construction have been raised by the Irish Farmers' Association with the National Roads Authority and that dialogue between these parties is continuing.