Sojustwhat isaCPO
A Compulsory Purchase Orders (CPO) is an avenue open to Cork County Council if an agreement with a landowner(s) cannot be found to acquire a site for a reservoir in Ballydesmond.
However, it must be noted that a CPO is an very complex process for an acquiring authority as it must jump many hoops with one being that it must show that it has exhausted all other avenues
Moreover, CPOs are often controversial as there is somewhat of a balancing act taking place of trying to balance the public good in tandem with the private right to own property. As stated, CPOs are very complex and have mostly evolved through a large amount of case law.
Should CCC opt to go down this road, then a landowner(s) will be receive/served with a notice to treat and an requirement of a notice is to be placed in newspapers. A landowner(s) at this stage would seek out the view of an experienced chartered valuation surveyor specialising is CPOs.
Following the service of a notice to treat, a local authority can then serve a notice of entry – which after 14 days allows a local authority to enter and take possession of the land described in the CPO – even though compensation may not have been agreed at that stage.
An Bord Pleanala can either confirm, amend or reject a CPO. When it comes to compensation payable by the acquiring authority it is based on 17 rules laid out in Statute. Compensation for land is typically negotiated between valuers for the landowners along with valuers for the acquiring authority.
In addition to the property acquired, compensation is payable, where appropriate, in respect of severance, injurious affection and disturbance.
Compensation is not a moveable feast as for example with a farm holding, if a strip of land is subject to CPO for, say, a new by-pass road this would in turn make a farm far less attractive as a future selling unit and also affect the viability and income on the land due to increased cost, coupled with the great inconvenience.
If an agreement is not reached, then the law provides for an independent arbitration process whereby the arbitrator determines the amount payable. The arbitrator may also adjudicate on the liability for costs of the parties concerned. The finding of the independent arbitrator is also binding on both parties.
Overall, the aim of any CPO should be to leave the affected party in the same position as before the land was acquired and the basis of compensation acquired is market value.
CPOs can often be viewed as draconian but an argument put forward by State bodies is that they are necessary as otherwise no future infrastructure would take place for the common good.