Compulsory Purchase and Compensation in Ireland: Law and PracticeThis book comprises a comprehensive inventory of compulsory purchase powers by various State and semi-State bodies in Ireland, together with a detailed and practical analysis of the law of compensation in respect of compulsory purchase. Now fully updated and re-written, this key book covers the large amount of new Irish legislation introduced since the previous edition. This includes the Transport (Railway Infrastructure) Act 2001, the Planning and Development Act 2000, the Air Navigation and Transport (Amendment) Act 1998, and the Gas (Amendment) Act 2000 and the Gas (Interim) (Regulation) Act 2002.ò |
Contents
Table of Cases | xxxiii |
Table of Legislation | xlvii |
The Development of the Law on Compulsory Purchase | 3 |
The Railways Ireland Acts | 40 |
Abbey Homesteads Group Ltd v Secretary of State of Transport | 45 |
Other Nineteenth Century Compulsory Purchase Statutes | 60 |
The Impact of the Constitution and the European | 67 |
Rochdale Metropolitan Borough Council 1980 RVR 165 29 51 | 77 |
Mines and Minerals | 375 |
Summary | 389 |
Objection | 395 |
Postal and Telecommunication Services | 415 |
Restriction on Acquisition of Land of Iarnród Éireann | 421 |
The Railway Order | 427 |
Purchase of Additional Land by Agreement | 434 |
Summary | 446 |
Private Property Rights under the Constitution | 78 |
Property of Religious Denominations and Educational Institutions | 93 |
All Souls College v Middlesex Co Co 1938 54 TLR 677 26 26 | 108 |
The Housing Act 1966 | 113 |
Making and Confirmation of the Compulsory Purchase Order | 127 |
Procedure Following Confirmation of Compulsory Purchase Order | 140 |
Housing Act 1966 Sch 4 | 147 |
Water Supplies Act 1942 | 155 |
Road Traffic Act 1961 | 161 |
Derelict Sites Act 1990 | 167 |
Casual Trading Act 1995 | 185 |
Planning and Development Act 2000 | 186 |
Compulsory Acquisition of Land under Pt XIV | 196 |
Confirmation by An Bord Pleanála and Judicial Review | 203 |
Date when the Compulsory Purchase Order takes effect | 220 |
Arklow Holidays Ltd v An Bord Pleanála 2007 4 IR 112 5 50 | 224 |
Agriculture | 231 |
Airport Authorities | 237 |
Arterial Drainage and Flood Risk Management | 245 |
Flood Risk Management | 261 |
The National Tourism Development Authority | 279 |
and Health Amendment No 2 Bill 2004 | 285 |
Compulsory Acquisition of Wayleaves | 294 |
HydroElectric Schemes | 300 |
Chapter 13 | 309 |
and Part V of the Planning and Development Bill 1999 | 313 |
Right to Enter Land | 317 |
Harbours and Coast Protection | 323 |
Fishery Harbour Centres | 334 |
Compensation | 343 |
The Health Service Executive | 349 |
Inland Fisheries | 353 |
Summary | 369 |
Natural Heritage Areas | 453 |
Notice to Treat | 463 |
Form of Notice to Treat | 470 |
Notice to Treat for Part Only of Owners Land | 479 |
Interests Omitted by Mistake | 485 |
Injunction | 491 |
Metropolitan Board ofWorks 1866 LR 1 QB 337 26 16 | 494 |
Jurisdiction of the Property Arbitrator | 497 |
Stating a Case | 502 |
Principles | 509 |
What is the Scheme for the purposes of Pointe Gourde? | 521 |
Ballyedmond Lord v Commission for Energy Regulation | 524 |
The Rules | 527 |
Kent County Council 1989 59 P CR 357 | 539 |
The Disregard Rules | 541 |
The Regard Rules | 556 |
The Disturbance Rule | 566 |
Essentials of A Valid Claim | 572 |
Costs Incurred prior to Notice to Treat | 573 |
Duty to Mitigate | 581 |
Compensatable Losses | 589 |
Basis of Value | 595 |
Severance And Injurious | 603 |
Valuation Date | 610 |
Mitigation of Damage | 618 |
Easements and other Rights over Land | 631 |
Lands Clauses Consolidation Act 1845 | 637 |
Housing of the Working Classes Act 1890 | 673 |
Acquisition of Land Assessment of Compensation | 681 |
Local Government No 2 Act 1960 | 691 |
Planning and Development Act 2000 | 711 |
731 | |
Common terms and phrases
acquiring authority Acquisition of Land Acquisition Order Amendment application Assessment of Compensation authorised award Board Bord na Móna Bord Pleanála claim claimant Clauses Consolidation Act Commissioners of Public compensation payable compulsorily acquired compulsory acquisition compulsory purchase order confirmation Consolidation Act 1845 conveyance costs County Council damage decision Development Act 2000 Dublin City Council Dublin Corporation effect Electricity Supply Board entry Environmental Impact Assessment exercise fishery Government Harbours High Court Housing Act 1966 IEHC ILRM incorporated injurious affection interest Iris Oifigiúil Land Assessment Lands Clauses Acts Lands Clauses Consolidation loss Minister newspapers circulating notice to treat oral hearing owner paid parties payment person Planning and Development planning authority Pointe Gourde procedure promoters property arbitrator proposed provisions Public Health Ireland purpose Railways Ireland reasonable reference Regulations relation relevant respect rule scheme special Act specified statutory thereof undertaking unreported Vesting Order