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).

The procedure is in no way limited to housing acquisitions. It applies to a broad range of local authority functions and is applied to acquisitions by other public bodies by the terms of their relevant legislation. The Acquisition of Land (Assessment of Compensation) Act 1919 applies to most assessments of compensation.

2000 Act Reforms; Local Authorities

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.

Where land is acquired or appropriated, the local authority may sell, lease or exchange it, subject to such conditions as it sees fits, where it no longer requires the land.  This may be done to secure the best use of that land. The consent of the Minister is required for any such sales. The property may be leased or exchanged.  The sale, lease or exchange must be on the best terms obtainable.  The sale proceeds are not ring-fenced.

The local authority may for the purpose of any of its functions, including the implementation of the development plan or housing strategy, acquire land temporarily or permanently, by agreement or compulsorily.  It may acquire easements, wayleaves and other rights or any strata or substrata of lands.  It may restrict or interfere with any such easements.

Other Procedures

There exists a range of other legislation which provides for acquisition procedures, which differ from the Housing Act procedures.  Most legislation incorporates the Acquisition of Land, (Assessment of Compensation) Act 1919, but in some such cases, the relevant legislation provides alternative arrangements and procedures for the assessment of compensation.  Most acts incorporate the Land Clauses Consolidation Act, 1845.  In some cases, it is optional.

Compulsory purchase provisions were provided for in numerous private acts of Parliament passed in the nineteenth in order to facilitate various works of a public nature. The powers were most commonly granted to private promoters (often described as undertakers) and embryonic public authorities and bodies. The promoters were typically bodies such as railway builders, town gas providers, water and sewage providers.

The Land Clauses Consolidation Act 1845 was a model Act which made provision for compulsory acquisition of land by both public authorities and private undertakers. Later legislation requiring powers of compulsory acquisition, usually, but not always,   incorporated the Land Clauses Consolidation Act provision.

2000 Act Reforms; Other Procedures

The functions of the Minster in relation to the compulsory acquisition of land by a local authority under the following enactments are 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 2000 legislation amends some of the time limits under various legislation in respect of objections.  They include the following,

• Water Supplies Act; six weeks
• Sanitary Services Act, six weeks
• Housing Act (S. 216) six weeks
• Roads Act; six weeks
• Housing Act (s.78); twelve weeks

Confirmation by An Bord Pleanala

Where under any legislation, the board is required to hold a local enquiry or public local enquiry, the Board is obliged to hold an oral hearing.  An oral hearing in relation to compulsory acquisition may be heard in parallel with an hearing in relation to proposed development by a local authority (which must comply with the statutory consultation procedures under the Planning and Development Act).

Similarly, where the  application for approval is made to the Board in relation to confirmation of an Environmental Impact Assessment, and there is a compulsory acquisition procedure in relation to the same development, the two may be heard in parallel by the Board.

It is the duty of the Board is to ensure that its functions are fulfilled and completed as expeditiously as possible, and to take all steps to ensure that there are no avoidable delays at any stage in the determination.  The provisions of the Planning Acts in relation to time limits apply.  It is an objective to ensure the matter is determined within 18 weeks of the last day for making observations.

Where it appears to Board that it is not appropriate or possible, because of circumstances to determine matters within  the time limits, the Board is to inform the interested parties, including persons person who have submitted observations and objections.  The Minister may prescribe other periods for different classes and matters. The Minister may vary the requisite periods by order.

A decision of the Board to confirm the order  shall become operative three weeks from the date in which notice is first published. The Authority  must  serve the notice to treat within 18 months.

Compensation

The 1919 Act provides for a procedure for compensation procedure whereas the 1845 Act deals with the substantive criteria for compensation.  In the absence of incorporating the 1845 Act, the criteria for and a basis for assessment of compensation is interpreted in accordance with the relevant legislation and in accordance with first principles.

The fundamental principle of compensation is that the party who has been injured or damaged, should be put into the same position, in so far as money can do so, which would have applied, had the acquisition not taken place.   He must take all reasonable steps to minimise his loss.

The service of a notice to treat usually fixes the interest which is to be acquired, and the valuation date. It triggers obligations on the owner to submit his claim.  The authority may be entitled withdraw the notice within in a certain period. The valuation date is the reference date on which compensation is to be determined, The valuation date may be earlier, if possession is taken in advance of the service of the notice to treat

Most legislation gives the owner an entitlement to interest from the date on which possession is taken.  Some legislation does not refer to interest at all.

Under the 1919 Act, either party may refer a dispute to  the reference committee in relation to the  nomination of a property arbitrator, after the expiration of 14 days from the notice to treat. Anomalies  may arise where relevant act incorporates the 1919 Act but does not incorporate the notice to treat procedure.