Long-running review of laws governing CPO nearing end
The Law Reform Commission is set to complete its work on its review of law compulsory acquisition of land project by late 2019/early 2020.
The Commission began the review back in 2015 which involves the consolidation, clarification and reform of the rules and principles on compulsory acquisition of land.
The current process is considered unnecessarily complex, lengthy and costly and the purpose of the project would be to put in place a fair, effective and efficient system.
The Commission has highlighted that the current law emanates from many different pieces of legislation and different rules apply depending on the type of compulsory purchase order (CPO) involved, whether for electricity, railways, roads or other matters.
Indeed, it has said that some of the current legislation governing CPO predates the foundation of the State, including the Lands Clauses Consolidation Act 1845, the Railways Clauses Consolidation Act 1845 and the Acquisition of Land (Assessment of Compensation) Act 1919.
Among the issues examined in the Commission’s Paper includes property valuation.
The Commission has noted that currently, the property might be valued some years before the date when the compensation payment is actually made.
This could result in injustice either to the State (if property prices plummet in the meantime) or to the landowner (if property prices go up).