Vol. 537 No. 5
400 Mr. Penrose asked the Minister for the Environment and Local Government when he will amend the provisions of the compulsory purchase legislation which deals with the payment of compensation to landholders who had land compulsorily acquired to facilitate motorways and roadways; if his attention has been drawn to the fact the current compensation system is inadequate to compensate farmers in a proper fashion; and if he will make a statement on the matter. [16900/01]
The compensation code for compulsory purchase of land, including land required for road development provides for the payment of compensation by local authorities for lands acquired by them on the authorisation of a duly confirmed CPO. It is a basic principle that landowners must get fair compensation and that it should be paid as quickly as possible. Compensation is composed of a number of elements. The fundamental point to be borne in mind is that landowners get the market value of the land. There is also provision for compensation for disturbance, severance and injurious affection and which in certain circumstances would exceed the land 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 can be referred to an independent arbitrator for decision.
The IFA has published proposals for reform of the arrangements for compulsory acquisition of land. In the context of the commitment in the Programme for Prosperity and Fairness to the "fair and efficient implementation of compulsory purchase orders" the proposals have been discussed by the IFA, my Department and other relevant agencies, including the National Roads Authority. As these discussions are ongoing, the Deputy will appreciate it would be inappropriate to elaborate at this stage.
