Compulsory Purchase Orders

COMPULSORY ORDERS EXPLAINED

Blake & Kenny Solicitors, have over many years, acquired particular expertise and extensive knowledge pertaining to the whole area of Compulsory Purchase Orders (CPO’s) and Acquisitions. Blake & Kenny’s experience is unique in that we have dealt with many Compulsory Purchase Orders and Acquisitions for both Private Land Owners and Local Authorities. Blake and Kenny Solicitors have been representing Private land Owners and Local Authorities on Compulsory Purchaser Orders and Acquisitions for over 50 years. We have the expertise, knowledge and understanding of the entire statutory process and we continue to represent local authorities and private land owners on all matters relating to CPO.

Blake & Kenny’s unique experience, in having seen the process from both sides gives our Galway Solicitors a distinctive insight, into the essential aspects required in the area of compulsory purchase practice and procedures. In the main there are 2 distinct parts to the compulsory acquisition process:

  • Confirmation of the CPO’s
  • Assessment of compensation (in the event that a CPO is confirmed)

The Making of a Compulsory Purchase Order

  1. In the first instance, the statutory body, normally the Local Authority, are required to circulate in one or more newspapers a Notice (in the prescribed form), stating the fact of the making of the Compulsory Purchase Order and where same may be inspected, with maps attached.
  2. They are also required to serve Notice on the land-owners, lessees and occupiers stating the effect of the Order and specifying the time and the manner in which objections can be made.
  3. Where there are objections to the making of the Compulsory Purchase Order, An Bord Plenála (the relevant Authority) are obliged to hold an Oral Hearing. Compensation issues are never dealt with at Oral Hearings. The purpose of the Oral Hearing is to determine whether or not the Compulsory Purchase Order proceeds.
  4. Therefore for parties who are objecting fundamentally to the making of the Compulsory Purchase Order, it is essential to lodge your objection within the specified time to ensure it is dealt with at Oral Hearing. This is a crucial time and objectors ought to take relevant and specific legal advice, as soon as possible, failing this, an objection or submission cannot be made during the Oral Hearing.

Blake & Kenny have many years of experience in this area, we are in a position to offer specific and pertinent legal advice to both Private Land Owners, and Local Authorities including advice on the preparation of all relevant submissions and experts reports required throughout the Compulsory Purchase Order/Acquisition Process.

The Assessment of Compensation

In the event, that a Compulsory Purchase Order is confirmed and there is no Appeal to the High Court, the matter of compensation will be dealt with by the parties involved. It is also critical at this juncture in the process, to obtain specific legal advice, to ensure a fair and reasonable outcome can be achieved.

We have represented both local authorities and private landowners in excess of 50 years, so you can rest assured that our CPO solicitors in Galway have the expertise, understanding and skill set to guide you through the entire statutory process.

The above is a very brief and simplified synopsis of the CPO (Compulsory Purchase Order/Acquisitions) procedure. Blake & Kenny Solicitors welcome an opportunity, to discuss further any of the above matters with you.

Please contact our Hilary Molloy on 091-564340 or alternatively by email: hmolloy@blakeandkenny.ie