Written answers
Wednesday, 4 May 2005
Department of Environment, Heritage and Local Government
Compulsory Purchase Orders
9:00 pm
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Question 486: To ask the Minister for the Environment, Heritage and Local Government if he will consider changing the regulations to allow a person who wishes to go to arbitration under CPO for road restructuring to hold on to the offer that has been made to them by the local authority as the minimum to be received in compensation; and if he will make a statement on the matter. [14363/05]
Dick Roche (Wicklow, Fianna Fail)
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My Department has no proposals to amend legislation governing the compulsory purchase of property in the manner outlined in the question. A property arbitrator has full discretion to determine the amount of compensation to be paid in any given case having regard to the statutory rules for assessing such compensation, and is not required to take into account any offer that previously may have been made by the acquiring authority. A person may retain legal, valuation and other professional advisers in dealing with a notice to treat for the purchase of property. Professional fees reasonably incurred in dealing with a notice to treat are recoverable as part of a property owner's compensation.
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