Dáil Éireann díospóireacht -
Tuesday, 26 Jun 2001

Vol. 539 No. 1

Written Answers. - Compulsory Purchase Orders.

Dan Neville

Ceist:

321 Mr. Neville asked the Minister for the Environment and Local Government if, in relation to the proposal by the IFA (details supplied), he will introduce a new fourth head of claim, value to owner and goodwill principle in calculating compensation under the compulsory purchase order system. [18961/01]

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

The compulsory acquisition of land for public purposes, on the basis of fair compensation to landowners, has operated widely in Ireland for many years and is supported by the Constitution and a range of legislative proposals which have been regularly upheld by the courts. It is a basic principle within this process that landowners must get fair compensation and that it should be paid as quickly as possible.

Compensation comprises a number of elements. The fundamental point of reference is the market value of the land. Compensatory provision is also made for disturbance, severance and injurious affection; these in certain circumstances would exceed the land value element of the compensation package. In addition, accommodation works such as underpasses are also catered for. Where a dispute arises about compensation the matter is referrable to an independent arbitrator.

The Government is committed to a fair and equitable compulsory purchase process. The Government is also concerned that the national development programme should be delivered on time and cost effectively so that the country as a whole can enjoy sustained economic growth and more balanced regional development.

The proposals published by the IFA for amendment of the arrangements for compulsory acquisition of land have been discussed on a number of occasions between the IFA and the Department of the Environment and Local Government and other relevant agencies, including the National Roads Authority. These discussions have taken place in the context of the commitment in the Programme for Prosperity and Fairness to the "fair and efficient implementation of compulsory purchase orders", and these are continuing. Pending the completion of these discussions, I do not propose to comment on particular details of the IFA proposals.