Noel Grealish (Galway West, Independent)
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102. To ask the Minister for Public Expenditure and Reform the procedure for calculating the amount of compensation due to landowners in the event that part of their land has to be taken over by the Office of Public Works for the purpose of carrying out flood alleviation measures; and if he will make a statement on the matter. [18788/18]

Kevin Moran (Longford-Westmeath, Independent)
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Compensation claims in respect of flood relief schemes carried out by the Office of Public Works arise in situations where a person’s property interest suffers losses or damages arising from interference with that property in the execution of such schemes under the Arterial Drainage Acts.

Although in almost all situations land is not acquired, the compensation provisions follow the compulsory purchase code as provided for under the Land Clauses Consolidation Act, 1845 and the Acquisition of Land (Assessment of Compensation) Act, 1919 as modified by the Arterial Drainage Acts, 1945 and 1995 and clarified by case law.

Almost all cases are agreed amicably following negotiation. However, where no agreement can be reached, the above Acts provide for referral of the disputed claim by either party to an independent and binding arbitration process.

Compensation entitlement follows a “Principle of Equivalence” so that a prudent claimant is placed in the same position financially after the scheme as they were before it. Compensation is generally addressed under the following headings:

a. Land loss

b. Severance

c. Injurious affection

d. Disturbance

e. Benefit (Section 17 of The Arterial Drainage Act, 1945 obliges the arbitrator to have regard to any benefit to any property of the person claiming compensation)

The assessment of compensation under the above headings can be complex and claimants are entitled to reasonable and allowable professional costs in processing a claim.