IDA's power to Compulsorily Acquire land for future unidentified purposes

littlemac1980

I admit I haven't read the Judgment - I just skimmed it, but if what I suspect it concludes is correct - then I'm astonished, and horrified.

http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/e37efed85a9303d380257bfa00396692?OpenDocument

It appears to me that it finds that the statutory authority (IDA) has a power to compulsorily acquire the lands of an individual with a view to providing those lands, at some stage in the future to an unidentified(at the time of the CPO ) foreign industrial enterprise.

So in other words using Land-Owners Tax payments to forcibly acquire their property to give away to foreign industrial companies in the future, and further to be able to do so without having any specific company or project in mind, and therefore to be able to do so when the Land is potentially at its lowest Market Rate, i.e. during a Recession.

Seems mad to me!

Sulla Felix

Hadn't caught that it was for undefined purposes. That's a tad worrying alright.

Cody Pomeray

♫ ♫ This land is your land
This land is my land.♫ ♫

No but seriously, even the most committed communist would find it hard not to sympathise with the landowner, Reid, in that case. Particularly so, since the object here is to re-allocate the land to some, as yet undiscovered, private corporation.

Fair decision, strange law.

loremolis

The land is for Intel. I think there is a reference to them in the judgement.

And it's not just land, it's their family home too.

Sulla Felix

Cody Pomeray wrote: »

♫ ♫ This land is your land
This land is my land.♫ ♫

No but seriously, even the most committed communist would find it hard not to sympathise with the landowner, Reid, in that case. Particularly so, since the object here is to re-allocate the land to some, as yet undiscovered, private corporation.

Fair decision, strange law.

Not sure I get what you mean by the bolded. Fair decision as in the judge followed the laws as set out, but that it's a strange law that allows it?

Cody Pomeray

Yeah, I have a problem with the idea that land can be compulsorily acquired from a farmer, and re-allocated to an unidentified private corporation, whose aim is to create a profit for its shareholders, by dint of the transactional spillovers of that re-allocation, i.e. jobs will be created in the quest for shareholders' well being.

Do i accept this is legal?
Yes

Do I agree with it?
No

Is that relevant?
I am not supreme leader yet, so No.

Sulla Felix

Cody Pomeray wrote: »

Yeah, I have a problem with the idea that land can be compulsorily acquired from a farmer, and re-allocated to an unidentified private corporation, whose aim is to create a profit for its shareholders, by dint of the transactional spillovers of that re-allocation, i.e. jobs will be created in the quest for shareholders' well being.

Do i accept this is legal?
Yes

Do I agree with it?
No

Is that relevant?
I am not supreme leader yet, so No.

Alrighty, was pretty sure that's what you meant, but the fair part could be interpreted a different way (ie you agree with it)

hullaballoo

Sulla Felix wrote: »

Not sure I get what you mean by the bolded. Fair decision as in the judge followed the laws as set out, but that it's a strange law that allows it?

I have not read the decision in full but what strikes me is that this is a leave application. So, the substantive legal issues are set aside and what is looked at instead is whether the Applicant (Mr Reid) has grounds to JR the impugned decision. The judge can only decide this on the basis of what is presented to him or her.

It could be that the high threshold for JR leave applications was not met on this occasion since, on the face of it, the IDA acted within its power. It sometimes takes some invention and a lot of luck to get a serious legal issue beyond the leave stage, such is the nature of the JR procedure.

loremolis

Can this be appealed?

brian_t

loremolis wrote: »

The land is for Intel. I think there is a reference to them in the judgement.

There is only the one reference to Intel.

The lands although unzoned for industrial use are of interest to the IDA as the Intel campus is nearby.

loremolis

brian_t wrote: »

There is only the one reference to Intel.

Probably a coincidence that Intel tried to but the land before the CPO

Cody Pomeray

loremolis wrote: »

Probably a coincidence that Intel tried to but the land before the CPO

Really? Any link to that?

loremolis

Cody Pomeray wrote: »

Really? Any link to that?

No link. I have it from a local auctioneer.

littlemac1980

Looking forward to reading the Judgment in this case which is reported as having been decided in favour of the Land Owner in the Supreme Court today. Good result in my opinion.

L1011

RTE seem to imply that the non identification of purpose is the core issue. I'd not get too comfortable in the house knowing that a repeat with Intel's name on it would likely succeed

littlemac1980

L1011 wrote: »

RTE seem to imply that the non identification of purpose is the core issue. I'd not get too comfortable in the house knowing that a repeat with Intel's name on it would likely succeed

I flagged that at the very beginning, but is it really enough to legislate for compulsory acquisition of private property for a specific purpose related to entirely private enterprise - I could see another SC case occurring in the future to challenge such an action - if that is it hasn't already been decided - I can't recall anything from Constitutional Law way back when I was in college etc.

One would have to think of the implications of such a law. Could anyone feel secure in living beside an industrial estate or indeed as a purchaser considering moving to an area which may have some unforeseen industrial or commercial value in the future.

Manach

A similar situation, private property for industrial use, gain prominence a few years back in the Kelso case (popularised in the book, "A little pink house") in the US. One of the upshots of this was the tactic by opponents of such to try to get CPOs against the houses those wishing to take such lands: ie what is good for the goose ...

loremolis

I have a copy of anyone wants it. Pm me your email address if you want it.

IMO the most interesting parts of it are the orbiter comments regarding the use of the IDA's CPO powers in the future.