I wish to gain some clarification on a concern I have in connection to the ability of a local council to enforce a Compulsory Purchase Order (CPO) on land previously owned by my deceased father. My father passed away in 2002 without leaving a will. Only recently, we’ve secured an administration grant concerning his property which includes a plot of land in the town centre. The local council has made unsuccessful attempts to impose a CPO on this property.
The subject of my question is this: Is the council authorised to enforce a CPO on a property newly acquired by a lawful and beneficial owner? Or is there a certain ownership duration requirement before such action can be taken by the local council? I would genuinely appreciate any information you could provide on this.
In answering your question briefly, there exists no ownership duration precondition before a CPO can be implemented by a local council. You’re presumably cognisant of the fact that a CPO is a legal tool permitting specific statutory bodies to possess land or property without the proprietor’s agreement for the development purpose or to fulfil their roles and responsibilities. The right to possess and enjoy property is constitutionally protected under article 43 of the Constitution. Therefore, any enforced property sale has to be justified, and the CPO should cite the legal basis sanctioning its authority to act.
The local council is bound to publicise its intention to compulsorily acquire land in one or multiple newspapers distributed in its jurisdiction. Such notification should explicitly specify the location for inspecting the order and associated maps. It must also be sent to every owner, occupier, and lessee of the lands connected to the order to enable them to voice objections to the notice. As your father’s successor, you should have received such a notice. Objections can be raised, although eligible objections typically pertain to planning or legal matters. A public local inquiry is convened where impacted parties can formally express their opinions. If no objections are submitted, An Bord Pleanála possesses the authority to affirm, alter, or decline the CPO without a public inquiry.
After a Compulsory Purchase Order (CPO) has been validated, owners of the land in question are entitled to forward a compensation claim in relation to the seized land. There are several categories for compensation that the landowner is permitted to utilise for a CPO claim; professional advice regarding these categories can be provided by your solicitor and valuer.
It is advisable to promptly consult a chartered valuation surveyor with CPO expertise. Any written objections, claims for compensation and representation at potential oral or arbitration hearings to discuss your claim can be facilitated by your solicitor. The fees for these professional services typically form part of the compensation claim, adhering to particular rules and conditions.
Siobhán Durkan is a partner at the law firm P O’Connor & Son Solicitors.