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Compulsory Purchase Order (CPO)
a) Moving towards a CPO
When a large number of owners are affected by a road construction project a Compulsory Purchase Order (CPO) is normally used to acquire the necessary land. The land requirements and land ownership details are determined.
The documents involved in a CPO include:
- A booklet of land Deposit Maps, which show actual plot and subplots required.
- Schedule of names of owner/occupier for each plot, details of acreage, land type
- Scheme layout drawings showing horizontal and vertical alignment
b) Environmental Impact Statement (EIS)
An EIS is required for a four lane road (Dual carriageway/Motorway) greater than 8km in a rural area or greater than 500m in an urban area. It is also required for a bridge or tunnel greater than 100 metres.
An EIS examines the impact that the proposed road has on a number of issues such as:
- Agriculture (Farm Units)
- Flora and Fauna
- Air
- Noise
- Receiving Waters
- Archaeology
- Traffic etc
Specialists may be appointed by the consulting engineers to examine each impact. The EIS will take the form of a report and will be available to the public for purchase.
(c) EIS, Making of the Scheme, CPO
The local authority will publish the making of a scheme in the National Papers. Two individual advertisements are required. One advert is for the making of the scheme and another for the approval of scheme/preparation of EIS. In addition the entire CPO including ownership schedules can be published in Local Papers.
The scheme, consisting of the CPO Documents and EIS are placed on display at the County Council buildings for at least 3 weeks. In addition the local authority will forward the EIS and at a later stage the CPO Documentation to An Bord Pleanala.
The public is invited to make objections to An Bord Pleanala. The period for written objections is at least 5 weeks (3 weeks during the display period and 2 weeks after the display date expires).
An Bord Pleanala will hold a public local inquiry if objections are made on grounds other than compensation.
(d) Public Inquiry
An independent inspector may investigate the Scheme and make a recommendation to An Bord Pleanala. After receiving the inspector’s report An Bord Pleanala can either annul the Order or Confirm the Order (with or without modifications).
The Local Authority will publish confirmation of the CPO and serve notices on persons affected who may appeal to the High Court on a point of Law.
(e) Confirmation of the CPO
The CPO becomes effective 21 days after the publication of the Order, if there is no appeal. If there is an appeal it becomes effective on the date of the High Court determination. The High Court is empowered to quash the Order.
(f) Taking up the CPO
The local authority must take up the CPO within 36 months of the Order becoming operative. The Local Authority will follow the following procedure once the CPO becomes operative:
- Preparation of Managers Order to acquire land
- Serve copy of CPO on persons affected
- Managers Order to serve Notice to Treat
A Notice to Treat requires the person on whom it is served to state, within a period of at least 1-month, their interest in the land and to give details of the compensation required. The notice is significant because if arbitration proceedings are necessary compensation is fixed as at the date of the service of the Notice to Treat.
- Prepare Managers Order to serve Notice Of Entry Serve
- Notice of Entry on landowners, occupier’s etc.
- Take possession of the land after the expiration of 14 days from service of Notice of Entry
The local authority may appoint a valuer to determine compensation. Individual landowners can appoint their own valuer.
(g) Compensation
Under existing legislation only those individuals named in the CPO are entitled to compensation. Compensation is made up of 3 principal elements:
Land Compensation
Land is valued at market price. Only land acquired by the actual road (drainage areas, carriageway, sideslopes,) is purchased.
Severance
Compensation is available for severance caused to land units as a result of the project.
Injurious Affection/disturbance
Compensation is also available under this heading for such disturbance caused as a result of the road and overall devaluation/loss due to the project.
In summary both parties will determine and agree a level of compensation with each other. In the event that neither party reaches an agreement a process of arbitration is available which is binding on both parties.
(h) Accommodation Works
Accommodation works are necessary to replace existing facilities. Accommodation works are formally agreed between the Council and the landowner. Such works can include:
- Farm access lanes to severed land units
- Drinkers/troughs in severed lands
- Necessary drainage works
- Fencing of road boundary
- Landscaping.
