The Local Authority or An Bord Pleanala have the power to acquire property compulsorily by way of a Compulsory Purchase Order (CPO). In the case of a Local Authority it is most widely used for road widening purposes. It could also be used to facilitate developments or housing.
If you own property which is about to be compulsorily acquired by a State Body or Authority then it is important that you act quickly. There are strict time limits for lodging objections or for any Proceedings which may be required to challenge the CPO.
We can help you with the following:
- Objections – we can assist in drafting and preparing written.
Objections to the CPO. - Oral Hearings before An Bord Pleanala Inspector.
- Judicial Review Proceedings challenging CPO’s.
- Processing of claims for compensation.
- Arbitration Hearings related to compensation.
- Transfer of property on foot of a CPO.
It is important that you have comprehensive legal advice on the options open to you and that you fully understand the process for compensating you for the loss of your property.
The law governing the compulsory acquisition of land is set out in the Planning and Development Act 2000 (“the Act”). Section 212 (1) of the Act details the circumstances in which a Local Authority may acquire development land. Among other things, it entitles Local Authorities to acquire land:
- In order to secure, facilitate, control or improve the frontage of any public road by widening, opening or enlarging it;
- In order to provide areas with roads and other infrastructure facilitating public transport;
- And for such services and works that may be needed for development.
The Local Authority is obliged to publish a Notice of its intention to compulsorily acquire land in one or more newspapers circulating in its area. This Notice must expressly specify where the Order and relevant maps may be inspected. It must also be forwarded to each owner, occupier and lessee of lands to which the Order relates in order to enable them object to the Notice. Where there is a valid objection there will be an Oral Hearing.
The Oral Hearing is relatively informal. Once a valid objection is received An Bord Pleanala will appoint an Inspector to conduct the public enquiry. The County Council will present evidence relating to the reasons and purposes for acquiring the land.