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Irish Farmer's Journal
By Des Maguire and Paul Mooney
December 1st 2001
A £200 million plus compensation package for farmers forced to sell land for the new national road building programme was put by the Minister for the Environment Noel Dempsey to the IFA and the National Roads Authority for approval yesterday (Wednesday November 28th 2001).
The Minister has made it clear that this is the Department's final offer to all landowners who will be affected by the roads programme.
"I am confident that the proposed agreement will be approved by both sides enabling progress on the important programme of improvements to the national roads network to continue without further delay," he said.
IFA president Tom Parlon said he was prepared to put the proposed new agreement to landowners over the next fortnight.
Due to commence on December 10 next the agreement covers revised new procedures for agreeing land values (based on open market values), introduces full compensation for demolished farm buildings and includes a goodwill payment of 5,000 euros an acre to win farmer backing for road projects.
It also provides for compensation for severance and injury to the remaining property, including damage to the viability of the farm business.
Under the agreement:
· Land valuation will based on the open market value of similar sized parcels of land of equivalent quality.
· Where farm buildings are taken, compensation with the replacement cost of equivalent new buildings.
· Compensation for severance and injury to remaining property, including damage to the viability of the farm business.
· An additional goodwill payment per acre - 5000 euro- in return for landowner co-operation.
· Notice to treat within six months of CPO being confirmed.
· Landowners should submit claim within 2 months of receiving notice to treat.
· Response to claim by the local authority within two months of receipt.
· Payment within 30 days of agreement.
· Penalty interest where there is a default in payment deadline by the council. (Under Prompt Payments Act currently at 10.47 per cent per annum)
· Access to independent arbitration by a suitably qualified and competent individual under the terms of the agreement.
· Code of Practice to be agreed between NRA and IFA.
· Liaison officer on all major national road developments.
· Local authorities and NRA to have responsibility for fencing on all new national roads.
· Cover for necessary professional fees in advance of notice to treat.
Tom Parlon said he was confident that the proposed fundamental changes to CPO procedures and payments negotiated with the Government would allow the national roads programme to continue unhindered and would deliver the roads infrastructure needed to support economic development throughout the country and especially in rural Ireland.
He said the new agreement addressed serious flaws in the CPO system that had been developing over the decades and which had undermined the rights and entitlements of farmers and other landowners who were asked to provide land for road infrastructure.
"The agreement totally reforms land acquisition procedures, imposes real deadlines on local authorities in issuing notices, responding to landowner claims and making payment to landowners once agreement has been reached.
"This agreement also allows landowners for the first time to claim the proper value of their land, by reference to the open market value of similar sized parcels of land. Also the enormous disruption suffered by farmers affected by the national road programme has been recognised through a payment of 5,000 euros per acre."
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Farmer's Journal
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