Written answers

Tuesday, 29 September 2015

Department of Justice and Equality

Compulsory Purchase Orders

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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367. To ask the Minister for Justice and Equality whether she is aware of the delay in completing the arbitration process for the compulsory purchase of land for the Kilkenny city central access scheme, which has been adjourned until September 2016; of the financial strain this places on the single property owner-business, being obliged to wait until 2016 for a resolution; if she will investigate the reasons for this delay and confirm whether it is because of staff retirement; if she will encourage the responsible agency to resolve the matter forthwith; and if she will make a statement on the matter. [32988/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy may be aware, when the State compulsorily acquires land for public purposes and there is a dispute between the vendor and the purchaser regarding the amount of compensation which should be paid, the vendor may apply to the Land Values Reference Committee for the appointment of a Property Arbitrator to arbitrate on the amount to be paid.

The Land Values Reference Committee was established by the Acquisition of Land (Assessment of Compensation) Act, 1919 and reconstituted by the Committee consists of the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland. Under the Property Values (Arbitration and Appeals) Act 1960, the Reference Committee may appoint one or more persons as Property Arbitrators.

In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that there is there is currently one full-time property arbitrator. Following a competitive process conducted by the Courts Service on behalf of the Land Values Reference Committee, seven temporary part-time arbitrators have been appointed who are available to be nominated to act in cases in which the Property Arbitrator is unable to act. The Courts Service understands that the above resources are sufficient to meet current levels of demand.

I am informed that the current waiting time for a hearing date for applications to the Land Values Reference Committee is 11 months. However, as all property arbitrations are required by law to be held in public and often require the presentation of oral evidence, delays in many cases can arise due to availability of parties and witnesses. The Deputy will appreciate that it would not be appropriate for me to comment on an individual case and I as Minister do not have any role in such matters.

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