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Urban Development

Dáil Éireann Debate, Tuesday - 29 May 2018

Tuesday, 29 May 2018

Ceisteanna (290)

Bernard Durkan

Ceist:

290. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the attention of the land values reference committee has been drawn to the outstanding arbitration process holding up development at the town centre, Naas, County Kildare; the efforts likely to be made to address the issue in the near future; and if he will make a statement on the matter. [23645/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, when the State compulsorily acquires land for public purposes and there is a dispute between the vendor and the purchaser regarding the amount of compensation which should be paid, the vendor may apply to the Land Values Reference Committee (comprising the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland) for the appointment of a Property Arbitrator to arbitrate on the amount to be paid.

In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that the remit of the Land Value Reference Committee, established under the Acquisition of Land (Assessment of Compensation) Act 1919 and reconstituted under the Acquisition of Land (Reference Committee) Act 1925, is to appoint and maintain a panel of property arbitrators and to refer to that panel for arbitration the assessment of disputed claims for compensation arising under various statutory regimes authorising compulsory acquisition of land or rights relating to land. The Committee has no oversight function in respect of the property arbitrators. Furthermore neither the Courts Service nor my Department has any function in relation to the work programme of property arbitrators who are appointed by the Land Values Reference Committee.

The Courts Service has further informed me that there is currently one full-time property arbitrator and seven temporary part-time arbitrators available to be nominated to act in cases in which the property arbitrator is unable to act and that the Courts Service is satisfied that this is sufficient to meet the demand for services in this area.  

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