There is a common law presumption that when property is taken or acquired compulsorily that compensation should be paid. See generally the sections on compulsory acquisition and the mechanisms for arbitration of compensation disputes. It is widely assumed that generally, property may not be taken under the Constitution without compensation, although the position is not expressed.<\/p>\n
In a case where ESB was entitled to acquire wayleaves without compensation, it was held that the provisions were unconstitutional. No compensation was required, although ESB did pay ex gratia compensation. The absence of an entitlement to compensation was held to represent an unjust attack on property rights.<\/p>\n
The Supreme Court has held that compensation should be determined in accordance with fair procedures. In contrast, in the same case, the ESB’s power to cut shrubs and hedges adjacent to power lines was held not to require compensation as it placed a relatively minor burden on landowners.<\/p>\n
The statutory compensation rules require compensation by way of payment of the market value of the land taken. The courts have indicated that just compensation does not necessarily require that the market value be paid. The Land Commission paid compensation in land bonds whose value at nominal value was less than the market value of the land.<\/p>\n
The Supreme Court noted that there may be a delay in the bonds becoming available in the market, for realisation, by which time their value had fallen. However, the challenge on constitutional grounds to payment in land bonds was rejected.<\/p>\n
The same principle was upheld on the reference of Part V of the Planning and Development Bill 1999. This required transfer of 20% of the land in question at its non-development used value. The special considerations applicable to planning permission justified the payment of compensation of significantly less than market value. The court accepted that the general principle was that a person should be paid the market value of the land. However, there were special considerations applicable to planning which justified departure from the general principle.<\/p>\n
In Maher v, Attorney General Minister for Agriculture, it was held that changes in land values due to change in the quota systems where the link between quotas and land was broken was not unconstitutional.<\/p>\n
It does not appear that the Constitution requires that compensation has to be determined by a judicial body. Indeed, it appears that in a case regarding on A Blascaod M\u00f3r that judicial review of such decision-making be precluded.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Constitutional Protections In Blake v. Attorney General, the Supreme Court held that Article 43 protects the institution of property and property in the broader sense. This would include the elements of the institution including the rights of transfer, bequest, inheritance and enjoyment of property. Other aspects of state interference with property are covered by Article […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[37,164],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/920"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=920"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/920\/revisions"}],"predecessor-version":[{"id":21246,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/920\/revisions\/21246"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=920"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}