All you need to know about CPOs

WHILE most people in the Killaloe Ballina region welcome the proposed construction of the new bridge and bypass road around Killaloe, the compulsory purchase of property process is one that gives rise to great uncertainty for landowners affected.
Many are left unclear and uncertain as to the steps involved in the process and their legal entitlements in the procedures being adopted by the acquiring local authority.
People in the Killaloe/Ballina area are not alone in this. Many landowners throughout the country have found themselves in a similar position in recent years, particularly as much land and property was acquired for the construction of our new motorway schemes.
Simply put, there is a need for clearer information to be made available to people affected so that they can avail of their full rights to representation and compensation, given the particular circumstances of their case.
Every case of property being acquired is different; for some it can involve the severance of their farmland, in others boundaries are affected, or for some, their dwellings are earmarked to be adversely affected.
Any grounds of objection relating to the Killaloe Bypass and Bridge Scheme need to be made to An Bord Pleanála by 5.30pm on Friday, March 30. Those who wish to object to any part of the scheme, however small, should notify the board of how they will be affected and to object to the scheme in that respect prior to the end of March.
In cases where an objection is made to An Bord Pleanála, the board shall not confirm the Compulsory Purchase Order  (CPO) and must hold an oral hearing to consider the scheme, at which affected landowners and their advisors can attend.
Having heard all submissions by the parties at this hearing, the inspector who holds the oral hearing then prepares a report and recommendation for consideration by the board.
Ultimately, it is An Bord Pleanála who will make a decision as to whether to confirm the scheme or not. The board can modify the scheme, for example by refusing to allow particular plots to be acquired in their totality if these were not proven to be necessary, or reduce the area so identified.
The board will be required furthermore to assess the environmental impact of the development giving rise to the compulsory acquisition and ensure that any adverse effects identified are mitigated as far as is practicable.
If the scheme is confirmed, a Notice to Treat must then be served by the local authority within a specified time on every landowner for the purchase of such land for the scheme to become operative. The date of this document is critical as it is this date which fixes the date for valuing the land being acquired.
A Notice to Entry is finally served giving notice in writing that the local authority may enter on and take possession of and use the land without the consent of the landowner.
Once a Notice to Treat is served, a landowner should submit a claim to the local authority for payment of compensation. If an amount of compensation cannot be agreed with the local authority, then either party can apply to have a property arbitrator appointed. The property arbitrator is confined to determining the value of the claimant’s interest in respect of the land being compulsory acquired.
While some landowners use valuers to agree an amount of compensation, with valuers appointed by the local authority, landowners affected should realise that they are entitled to full representation in respect of making a claim in an arbitration process before a property arbitrator, so as to outline in detail full particulars of how they are affected by the scheme and why they should be compensated accordingly.
Such a right includes not only a legal advisor but includes advice of a valuer, planner, engineer or any other expert that is required to substantiate a landowner’s claim for compensation.
Landowners should be aware that the acquiring authority is responsible for the reasonable costs of such experts who represent the landowner affected. Many people whose land is being acquired by compulsory purchase are not fully aware of their entitlement to such representation. Assessment of compensation will include one or more of the following heads of claim:
The market value in the land acquired (as of the date of the Notice to Treat).
Damage to the retained lands of the owner through severance or other injurious affection.
Disturbance.
Costs of reinvestment.
Accommodation works such as fencing and planting can also be agreed with the local authority representatives and the property arbitrator can take into account when determining the amount of compensation, any agreement between the parties in respect of such accommodation works.
The arbitrator’s award of compensation is final and similar to an award of court and provides for the amount of compensation which should be paid to a landowner. The award is legally binding on all parties involved.
Following either agreement on the amount of compensation to be paid by the local authority or an award made by the property arbitrator, the property being acquired is then conveyed to the local authority and the agreed or awarded amount of compensation is paid to them. Landowners should be aware that the legal costs of conveying the property being acquired by the local authority are also borne by the acquiring authority.
Many factors influence the amount of compensation which will either be agreed by the local authority or be awarded by a property arbitrator. These include:
Title;
Location and size of land being acquired;
Market conditions;
Development potential;
Planning and zoning history.
As the land must be valued as if there was no scheme, it is advisable to seek expert advice to maximise arguments as to the potential value of the land being affected in such a no scheme world.
A landowner should essentially be maximising arguments as to what the full potential of its land would be if the road was not being built to obtain the maximum amount of compensation possible for the land taken when the road is built. Such virtual reality arguments require careful consideration and landowners should be aware of their entitlement to have appropriate representation, the costs of which will be borne by the acquiring authority throughout the process.
In these difficult economic times, landowners affected are entitled to be made aware of their right to be fully compensated and of their right to appropriate representation.
Deirdre Courtney of Ballyvalley, Killaloe, is a partner in Ivor Fitzpatrick & Co Solicitors 44-45 St Stephen’s Green, Dublin and has represented numerous private and commercial landowners affected by CPOs.