Ask a solicitor: The state wants to buy my land
If the Minister confirms the CPO order there are limited grounds to appeal to the High Court, advises solicitor Stephen Coppinger.
Dear Reader,
Generally, it is better to acquire lands by agreement with landowners, but that is not always possible and can cause significant delays. That is why CPOs are necessary for certain public infrastructure projects.
If your lands are the subject of a CPO you will be served with a notice. Newspaper notices will also be published. You can lodge an objection on planning and/ or legal grounds. The Minister can then confirm, vary or turn down the CPO order.
If the Minister confirms the CPO order there are limited grounds to appeal to the High Court. You can only challenge the decision on a point of law. The property is generally valued at the date of the Notice to Treat.
The Notice to Treat will require you to submit details of your claim within a specified period.
It would be worth your while to engage the services of a valuer and surveyor at this stage.
When a claim is submitted then often negotiations in respect of the amount and claim will take place between the local authority and you. The assessment of compensation will generally fall under a number of headings of claim, which can include the following:
- Value of land acquired.
- Diminution in value of retained lands, if any.
- Costs resulting from acquisition.
- Disturbance.
- Loss of profit or goodwill.
- Loss or depreciation of stock or trade.
- Professional fees are necessary for acquisition. The acquiring authority normally pays the claimant’s reasonable chartered valuation surveyor’s fees, and the claimant’s reasonable legal fees.
The landowner is entitled to the market value of his land at the date of the Notice to Treat. The market value can be based either on the existing use value of the land or its development value, whichever is greater. Where existing use value is being claimed, the landowner may be entitled to compensation for disturbance and severance.
An arbitrator is appointed when parties cannot reach an agreement. In most cases, an agreement will be reached on compensation. Either party can refer the matter to arbitration within 14 days of the service of the notice to treat when there is a dispute.
The arbitrator can only make a decision on compensation. Any other matters cannot be dealt with by the arbitrator.
The costs of dealing with a claim up to the arbitration are for the acquiring authority to pay. However, the costs of the arbitration are at the discretion of the arbitrator and may be awarded against either party.
It is important that you have comprehensive legal advice on the options open to you both in relation to any objections which you may wish to make and also in relation to the procedures to be followed in progressing those objections.
Even if you do not wish to object to the proposed CPO, it is important that you fully understand the process and the implications for you of the relevant body's exercise of the powers of purchase.
Email: info@walshandpartners.ie
- Disclaimer: While every care is taken to ensure the accuracy of the information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.
