Cpo on front of garden

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Hi, I live just off the n52 mullingar to delvin road. The road's due to be expanded/developed soon. Theroads authority will publish their route In September.

They have 4 routes to select from, if they develop the existing n52 they'll come in on top of my garden( this is according to the engineer I was talking to from th)

If they do take a slice of my site and destroy the mature tall hedge rows and trees that provide a natural sound and visual barrier to an already existing noisey road, what sort of compensation could I expect to receive to correct this? Will it devalue my property. It'll certainly take away from and transform the whole look of the front of my property.

I know the council is meant to leave me financially,or my properly in more or less the same situation as it was. I can't see them replacing twenty years of mature garden.

Any advice or experience on this would be greatly appreciated.

LowKeyReturn

Get proper legal advice and file the relevant objects sooner rather than later.

Cody Pomeray

Compulsory purchase orders are a serious interference with constitutionally protected property rights, they tend to be treated with a deserved seriousness by the courts and, hopefully, by the local authorities.

As Lowkeyreturn has said, you should take legal advice in the course of any process leading to a CPO, to help you achieve an outcome that most closely satisfies your proprietary rights and access to compensation, should a CPO arise.

However, it is impossible for any online person to give a guiding figure in terms of financial compensation.

auditions

Cody Pomeray wrote: »

Compulsory purchase orders are a serious interference with constitutionally protected property rights, they tend to be treated with a deserved seriousness by the courts and, hopefully, by the local authorities.

As Lowkeyreturn has said, you should take legal advice in the course of any process leading to a CPO, to help you achieve an outcome that most closely satisfies your proprietary rights and access to compensation, should a CPO arise.

However, it is impossible for any online person to give a guiding figure in terms of financial compensation.

Thanks guys, I should have mentioned they I only moved into the area.

On advice from my solicitor (when purchasing the house) I approached the westmeath roads design office to check for any potential development. That's when I found out that there where plans for several potential routes. It didn't put me off as I loved the house and the area.

My solicitor mentioned that even if they do take a portion of my garden,I would only be entitled to 1000 euro as they have a set rate of compensation for this. Is this true? 1000 euro isn't going to replace 25 years of growth and the aesthetic damage to my site.

I don't object to the expansion in principle( if the alternative is to go through some next door neighbours house) as I have a 2 acres garden and can afford to loose some of it, as long as I have the financial means to correct the damage incurred.

Is my solicitor correct in saying that 1000 euro is it regardless.

Gamrab1974

There are no legally set rates for CPO's.

If agreement can't be reached with the local authority the matter is referred to the Property Arbitrator, who is an independent expert valuer. They hear evidence as to the level of compensation payable and award a sum of compensation.

There are six rules for compensation set out in S.2 of the 1919 Acquisition of Land Act 1919, copy attached. Ten more rules were added by the 1963 Planning and Development Act. http://www.irishstatutebook.ie/1963/en/act/pub/0028/sched4.html#sched4

They can be quite complicated to apply in practice.

The general rules covering CPO's generally are in part V of the 1966 Housing Act. http://www.irishstatutebook.ie/1966/en/act/pub/0021/index.html
This has been subsequnetly amended, but the essentials remain the same.

Essentially, if the CPO proceeds, you should get a good valuer to act for you as the proper assesment of compensation is more of a technical valuation exercise as opposed to a legal issue.

Victor

Essentially they will pay for the land they take (possibly quite modest), a new boundary and any disturbance.

If you fear noise and visual intrusion, then you need to emphasise this.