Compulsory purchase order.

NUTLEY BOY

Locally, there is a bit of excitement, as the National Transport Authority have issued a proposal which includes the running of a by-pass road through part of the car park at Merrion Road church. Presumably, that will involve the use of a compulsory purchase order (CPO).

How is a compulsory purchase order made procedurally and who has the authority to grant it ? Presumably, the procedure allows for the other party to be heard (audit alterem partem) ?

If a CPO is granted, how is the quantum of compensation calculated ?

schemingbohemia

http://www.citizensinformation.ie/en/housing/losing_your_home/compulsory_purchase_and_compensation.html

nuac

This will be a matter for the owners of the church, presumably the Diocesan Trustees and their professional advisers.

To contest the proposal would have to be able to show that it is not necessary to use the church property to carry out the scheme.

Would require reports from experienced a road engineer/town planner.

The Diocesan Trustees would have some experience in working with these

Fadó fadó there was a very religious devout County Engineer in the West. Some canny owners of strategic road frontage found that a tactically placed statue would ward off the dreaded CPO notice.

Manach

In context, to show how CPO or eminent domain as known in the US, the book "Little Pink House" by Jeff Benedict (a book on Kelo v City of New London case) shows how little chance the ordinary citizen has when the state decides to invoke this mechanism.

schemingbohemia

nuac wrote: »

This will be a matter for the owners of the church, presumably the Diocesan Trustees and their professional advisers.

To contest the proposal would have to be able to show that it is not necessary to use the church property to carry out the scheme.

Would require reports from experienced a road engineer/town planner.

Fadó fadó there was a very religious devout County Engineer in the West. Some canny owners of strategic road frontage found that a strategically placed statue would ward off the dreaded CPO notice.

Perhaps the Church will not take any payment as they owe a fortune still for the Diocesan abuse payments? Knock it off the bill......

schemingbohemia

Manach wrote: »

In context, to show how CPO or eminent domain as known in the US, the book "Little Pink House" by Jeff Benedict (a book on Kelo v City of New London case) shows how little chance the ordinary citizen has when the state decides to invoke this mechanism.

Yes, hugely useful to invoke American law in relation to this.....

This Irish case shows the limits to CPO and protection for citizens

http://www.thejournal.ie/man-house-ida-compulsory-order-2425414-Nov2015/

hullaballoo

nuac wrote: »

This will be a matter for the owners of the church, presumably the Diocesan Trustees and their professional advisers.

To contest the proposal would have to be able to show that it is not necessary to use the church property to carry out the scheme.

Would require reports from experienced a road engineer/town planner.

The Diocesan Trustees would have some experience in working with these

Fadó fadó there was a very religious devout County Engineer in the West. Some canny owners of strategic road frontage found that a strategically placed statue would ward off the dreaded CPO notice.

I have an opposite (perhaps, apposite?) story.

I was representing a rural Diocese against a developer who had removed a Marian Grotto with a digger "temporarily" in order to hide its presence from the planning inspector.

There was some discussion between the parties as to whether the Marian Grotto had cultural significance but the reality was that the conversation went along these lines:

"No one gives a f*ck about that grotto!"
"Jesus gives a f*ck"
"Jesus isn't your client!"
"No, but he's instructing my client!"

nuac

schemingbohemia wrote: »

Yes, hugely useful to invoke American law in relation to this.....

This Irish case shows the limits to CPO and protection for citizens

http://www.thejournal.ie/man-house-ida-compulsory-order-2425414-Nov2015/

The IDA do not have much experience of using the CPO legislation which applies to them. They used to rely on local authorities for that.

There are some differences between LA and IDA Compulsory Purchase legislation

Fair play to Reid's legal team

nuac

schemingbohemia wrote: »

Yes, hugely useful to invoke American law in relation to this.....

This Irish case shows the limits to CPO and protection for citizens

http://www.thejournal.ie/man-house-ida-compulsory-order-2425414-Nov2015/

Double post

Carawaystick

NUTLEY BOY wrote: »

Locally, there is a bit of excitement, as the National Transport Authority have issued a proposal which includes the running of a by-pass road through part of the car park at Merrion Road church. Presumably, that will involve the use of a compulsory purchase order (CPO).

The LA can always agree to buy the land from the landowner, instead of cpo.

4ensic15

Carawaystick wrote: »

The LA can always agree to buy the land from the landowner, instead of cpo.

Only if the landowner agrees to sell. That is the case with all land.