IFA to become
NRA policeman
The Irish Farmers Association (IFA), the National Roads Authority (NRA) and the Irish Government concluded
negotiations during the week ending December 1st 2001 on a deal for "Acquisition of Certain Lands for National
Roads." Essentially the deal means the IFA will "promote full co-operation with the NRA" in building the motorways.
The IFA "hereby pledge
themselves to promoting and maximising" the agreement reached in order to effectively serve
compulsory purchase orders (CPO) on its members' lands for the construction of the
NDP motorways. In return it has secured a sum of 5000 Euros
(IR£3937 punts) per acre of land compulsorily purchased over and above any other payments.
Will it work?
Payment
"under the agreement" will be made within thirty days following agreement on compensation and furnishing of
satisfactory title. It is not clear however if this payment refers only to the 5000 Euros or to the whole amount due to a
landowner.
A government running short of funds could serve notice on the landowner but postpone payment
for the land indefinitely because of loopholes in the law that the agreement failed to address.
The Agreement implies that a sum greater than the market value is being proposed to be paid as a result of the 5000
Euro inducement. But all along people have been led to believe that the legislation did not allow people to profit from
the CPO procedure. Is it not possible therefore that when the motorways are built, the courts may rule that the
government acted beyond its powers in making this deal and that the 5000 Euro inducement
will not be paid and that in cases where it may already have been paid, the landowner must refund
the money?
It is
unclear if a landowner, choosing to exercise his legal rights to
object to a road through his farm, will risk losing entitlement to
the 5000 Euro inducement.
Many left out of deal
Neither does the agreement deal with the issue of depreciation of houses sited along the path of the motorways. Houses
located within a mile either side of the motorway will experience depreciation to varying extents - as much as 40 to 50%
close by the motorway. Initial estimates suggest that
approximately £750million will be wiped off the value of private houses sited within
the shadow of the 900 kilometers of proposed motorway network.
Undemocratic IFA
"IFA president Tom Parlon said he was prepared to put the proposed new agreement to landowners over the next
fortnight" stated the Irish Farmers Journal December 1st edition. But the IFA members were not given the chance to
vote on the agreement. Consultation meetings were held throughout the country but the members were not allowed to
ballot the agreement at these meetings. In effect, the IFA
imposed the agreement on its members.
In Paragraph 6
of the Agreement, the IFA highlights its status as the biggest farming organisation and that most affected landowners are
members of IFA. But these affected landowners have not been consulted and in general would prefer to keep land as
opposed to sell.
Short term deal
At earlier meetings around the country, the IFA advised farmers that the deal being hammered out was a long term
solution to the problem of the compulsory purchase of land for roads. But this Agreement only applies to National
Development Plan (NDP) roads and will end in 5 years time. The Agreement is not intended to require the altering of a
single piece of legislation.
Both the IFA and the government are admitting that there is a major problem with existing CPO procedures but refusing
to change these procedures. If the CPO procedure needs to be improved for one project then it needs to be approved
for all. Large numbers of projects in Ireland are not under NDP.
Is the IFA abandoning members affected by such projects?
Land to soar to unheard of levels
The Agreement states that the NRA will
"assess the open market value of the land being acquired...by reference and
comparison to the actual size, location and quality of the land parcel being
acquired." But it does not address the fundamental fact that the removal of 25,000 acres of land along a narrow
500 mile long strip, the length of two river Shannons, will distort the land market AFTER the land has been compulsorily purchased and built on.
A landowner returning to the market to replenish lost acres, will be unable to do so simply because so much land has been destroyed.
This destruction will create a 'scarcity factor' that will push land values up to unheard of levels as compensation money
chases every available acre.
Copyright © Campaign for Sensible Transport (CaST) 2001
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