Eamon Ryan (Dublin South, Green Party)
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Question 52: To ask the Minister for the Environment, Heritage and Local Government his plans to amend the compulsory purchase order legislation to reduce the cost of new transport infrastructure; if he is satisfied at the prices that have been paid for parcels of land under existing CPO legislation; if it would be preferable to have land valued on the basis of existing use values rather than on hope values dependent on potential rezoning changes or a future planning application approval; and if he will make a statement on the matter. [12720/07]

Dick Roche (Wicklow, Fianna Fail)
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In many cases in which a local authority compulsorily acquires land, the quantum of compensation is agreed between the parties concerned. Where there is no such agreement, the matter is referred to an official property arbitrator for determination.

Generally, a claim for compensation in respect of the compulsory acquisition of land will comprise one or more of the following heads of claim:

the market value of the land;

damage to other lands of the claimant through severance or other injurious affection; and

disturbance and other matters not based on the value of land.

The market value of land is assessed in accordance with rules of compensation specified in the Acquisition of Land (Assessment of Compensation) Act 1919, as amended.

In general, factors influencing an assessment of the market value of land include:

location, area and quality,

market conditions and trends,

development potential,

availability of services, and

planning status.

The Planning and Development (Strategic Infrastructure) Act 2006 amended the 1919 Act to provide that in the assessment of any compensation, the value of any land lying 10 metres or more below the surface of that land shall be taken to be nil, unless the contrary can be shown by the claimant. This provision is intended to reduce the cost of proposed Metro infrastructure.

I have no proposals at this time to further amend the rules of compensation. However, the matter of land costs arising in the provision of transport infrastructure is to be considered by the Cross-Departmental Team on Housing, Infrastructure and PPPs.