Government seizing private land

lifeandtimes

https://m.independent.ie/irish-news/private-land-in-towns-and-cities-will-now-be-seized-for-affordable-homes-minister-36868929.html

Read this in the way to work.

Has this ever been done before?

What law allows the government to take private land off someone they feel isn't being used properly?

I'm aware of the law Eminent Domain the states that allow them to take land from people for highways and things by making them sell it to them but not sure if Ireland has the same law.

https://realestate.findlaw.com/land-use-laws/eminent-domain.html

Sleeper12

They took land so they could build the m50 so it's already common place.

4ensic15

lifeandtimes wrote: »

https://m.independent.ie/irish-news/private-land-in-towns-and-cities-will-now-be-seized-for-affordable-homes-minister-36868929.html

Read this in the way to work.

Has this ever been done before?

What law allows the government to take private land off someone they feel isn't being used properly?

I'm aware of the law Eminent Domain the states that allow them to take land from people for highways and things by making them sell it to them but not sure if Ireland has the same law.

https://realestate.findlaw.com/land-use-laws/eminent-domain.html

The Land Commission confiscated underworked land for decades. Nothing new about taking private land.

Victor

lifeandtimes wrote: »

Has this ever been done before?

This is how practically every road and railway in the country was built, and much of the council housing. The Housing Acts, Roads Acts, etc. will have relevant sections.

Of course, the land is paid for and compensation paid, where relevant.

https://www.taoiseach.gov.ie/eng/Historical_Information/The_Constitution/Bunreacht_na_h%C3%89ireann_October_2015_Edition.pdf

Private Property

Article 43
1 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.

2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.

2 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this article ought, in civil society, to be regulated by the principles of social justice.

2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.

Peregrinus

Compulsory purchase orders. They've been round since forever. The current legislation governing the compulsory purchase arrangements is contained in the Planning Acts.

You can't CPO land just because it's being underused; you can only CPO it because you need it for a proper public purpose. But, if you have decided that you need land (say) to construct more housing in urban areas, then it's permissible in choosing what sites you will CPO to look at how they are currently being used, and to CPO the sites which are underutilised.

As Victor says, there's a process, the land has to be valued, you get compensation, there's a right of appeal to the courts, etc, if you think the compulsory purchase of your land isn't authorised under the legislation, or you aren't happy with the compensation offered. So it takes a while. If the location of whatever it is the state wants to do isn't critical, often they won't identify land and CPO it; they'll just go into the market and buy a suitable site that is already for sale. But you can't do that when your constructing roads, railways, etc; you need this bit of land, or you have to redesign the whole road.

Greybottle

The Indo headline: Revealed: Private land in towns and cities will now be seized for affordable homes - minister

The first line of the article: Private land in towns and cities close to essential services including public transport will be acquired by the State to build affordable homes.

Talk about click baiting and scaremongering by that ****ty rag. As above, it's a CPO, a very common way to purchase land.