Compulsory Purchase is a highly-specialised area requiring very technical knowledge which Rooney’s has gained since 1970.
We act for both landowners and acquiring authorities:
We steer our clients through the entire process from purchases by agreement before a CPO is published through to submitting, negotiating and settling compensation claims. We also have considerable experience in giving evidence at property Arbitrations
The assessment of compensation payable by an Acquiring Authority is based on 16 rules laid out by statute and by the relevant case law.
As experienced Chartered Surveyors in all Compulsory Acquisition services will assess the compensation payable to landowners affected by a compulsory acquisition. Acting for the State we assess the impact and advise on compensation payable to affected property owners.
Acting for property owners we assess impact and make professional claims for compensation on behalf of property owners. We also negotiate for the affected property/landowners, in order to obtain their full entitlement to compensation.
The assessment of compensation will generally fall under a number of headings of claim
which can include the following:
VALUE OF LAND ACQUIRED.
DIMINUTION OF VALUE OF THE RETAINED LANDS, IF ANY.
COSTS RESULTING FROM ACQUISITION.
LOSS OF PROFITS OR GOODWILL.
LOSS OR DEPRECIATION OF STOCK IN TRADE
PROFESSIONAL FEES NECESSARY FOR ACQUISITION.
An agreement on compensation can often include an extensive list of accommodation works i.e. boundary fencing, replacement boundary walls (residential & commercial property), water supply connectivity, drainage, relocation of septic tanks and percolation areas, noise reduction measures, double glazing etc.
Specialist advice is crucial for the accommodation works which involves assessment of accommodation mitigation measures for disturbance, examination of accommodation maps and schedules.
Our track record is extensive having been involved in key infrastructural projects such as:
N6 Galway to East Ballinasloe(M6)
N6 Multi-Modal Transport Corridor
N67 Kinvara to Ballinderreen
N18 Gort to Crusheen Dual Carriageway
N59 Moycullen Bypass
N15 Sligo to County Boundary Road Project
N15 Sligo Urban Road Improvement
N6 Eastern Approach Road
N56 Dungloe to Glenties
N56 Leitirmacaward to Glenties
N63 Galway – Roscommon(Abbeyknockmoy) Road Improvement Scheme
N17 Galway– Sligo (Castletown) Road Upgrade Project
R336 Rossaveal Road Improvement Project
R351 Loughrea– Woodford (Ballinagar) Road Improvement Project
Costello Regional Water Supply Scheme
Clonbur Regional Water Supply Scheme
The reason a scheme allowing for the compulsory acquisition of lands exists is to allow public infrastructure projects to proceed for the greater and common good.
It follows therefore, that the affected parties should be duly compensated for their loss or disturbance. Compensation is available to restore the affected party, in so far as money can, to the same position as before the property/land was acquired. A number of key issues arise from this:
The basis of compensation for property acquired is on the basis of market value.
The Principle of Equivalence requires that the affected party is left in the same financial position after the CPO as they were prior to the process.
The compensation should reflect both the actual and acquired and the diminution in value (if any) of the Retained area as a result of the CPO.