I understand that my land may be targeted by the local Council to facilitate a new road in the area. I don’t want to sell my land and I am very distressed about this. Is there anything I can do? Will I be compensated? Please advise me.
Certainstatutory bodies, to include local authorities, can take land or property without the consent of the owner by means of a compulsory purchase order (CPO). Compulsory purchase only usually takes place to allow a public infrastructure project to go ahead e.g. to facilitate the development of a new road.
If your property is compulsorily purchased, you will be eligible for compensation. Such compensation is designed to restore you, as far as possible, to the same position as you were in before your property was acquired. You should be paid compensation based on the market value of your property. The compensation should reflect both the actual land acquired and the reduction in value, if any, of your remaining lands as a result of the CPO.
If your property is going to be compulsorily acquired then you will be served with a formal notice advising you of the proposed CPO. You have the right to raise objections and make representations concerning the proposed CPO. However, it is important that you react quickly as strict time limits apply for lodging objections and for any court actions which may be required to challenge the CPO.
It is important that you receive detailed legal advice on the options open to you. We at Byrne Carolan Cunningham Solicitors have handled many compulsory purchase cases from the very initial stages right through to full challenges through the Courts. We work with other experienced professionals to include planners, surveyors and valuers so as to best represent your interests. Please feel free to contact us for further advice specific to your own situation.