Compulsory Acquisition

Various CPO Provisions

Standard (Housing Act) Procedure There are differing substantive and procedural rules which may apply to compulsory acquisition and the assessment of compensation by various bodies under different legislation. The most commonly used compulsory purchase procedure is that provided by the Housing Act (which incorporates certain parts of the Land Clauses Consolidation Act).… Read the rest

Standard CPO & Process

Steps in Standard CPO Summary of steps in a compulsory acquisition under standard procedure. Identification of the empowering statute after establishing the objects for which the land is required Making Compulsory Purchase Order by Local Authority after identification of land and its Owner.… Read the rest

Exercise of CPO Powers

Use for Another Purpose Under the 2000 Act reforms, land which is vested in a local authority for its functions under any enactment may be appropriated for any other statutory purposes. Where land is vested in a local authority by means of compulsory acquisition under an enactment, no claim may be made for compensation or additional compensation, nor may the acquisition be challenged on account of such appropriation.… Read the rest

CPO Hearing

Notices and Confirmation The local authority must give certain notices and publish details of the proposed order in newspapers. It must then submit the order to An Bord Pleanala for confirmation within six weeks. Where a Compulsory Purchase Order has been submitted to Bord Pleanala, it may if it thinks fit, annul the Order, or confirm the Order with or without modification.… Read the rest

Compensation

Market Value is the Norm The Housing Act (whose procedure is used most widely, and not just in respect of housing) provides that the compensation payable is the value of the land at the time the relevant Notice to Treat is served.… Read the rest

Claiming Compensation

The Claim Serving the Notice to Treat puts the onus on the owner to make the claim. The owner can after 6 weeks from the delivery of the claim force the matter to arbitration. The owner should take the advice of a competent valuer –who is usually a chartered surveyor.… Read the rest

Atypical CPO Local Authorities

The functions of the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments were transferred to An Bord Pleanala. Reference in other legislation to the Minister and local enquiry and refers to the Board and to the hearing conducted by the appointed inspector, This includes the Public Health Act, most Local Government Acts, the Housing Act, the Sanitary Services Act, the Roads Act and the Derelict Sites Act Where a compulsory purchase order is made in respect of acquisition of land by a local authority under any of the above enactments, and objections are received by the Board or local authority, objections which are made or withdrawn or where the Board is of the opinion that any objection relates exclusively to matters dealt with by the property arbitrator, the Board shall inform the local authority, which shall as soon as may be, confirm the order, with or without modification or may refuse to confirm it The sanitary authority and electricity authority have powers to enter land having given notice under the below-mentioned legislation They need not acquire title to or an interest in the lands concerned.… Read the rest

Atypical CPO – Various Bodies

Overview A wide range of bodies has distinct compulsory acquisition powers in their constituent legislation. The Air Navigation and Transport Act empowers The Minister for Transport (Communications) and local authorities to acquire lands compulsorily, for the purpose of establishing aerodromes and ancillary facilities.… Read the rest