Compulsory Purchase and Compensation in Ireland: Law and Practice

Front Cover
A&C Black, Jan 1, 2013 - Law - 864 pages
This 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
 

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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
Index
731
Copyright

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About the author (2013)

Eamon Galligan SC BA(Mod), M.R.U.P.(Town Planning).

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