Does the new N24 road in Tipperary impact your land? CPOs and compensation explained

N24 Waterford to Cahir and N24 Cahir to Limerick Junction Projects: Navigating Compulsory Land Acquisition and Compensation

With great fanfare, the N24 Waterford to Cahir Project has been announced.

This is a collaborative effort between Kilkenny County Council, Tipperary County Council, Transport Infrastructure Ireland (TII), and the Department of Transport (DoT), a significant initiative. 

It aims to improve regional accessibility along Limerick and Waterford’s national primary route. 

Simultaneously, in partnership with Limerick City and County Council, TII, and the DoT, Tipperary County Council is advancing the N24 Cahir to Limerick Junction Project, which is currently in Phase 3 - Design and Environmental Evaluation. 

Both projects are considered to be vital for enhancing the Limerick to Waterford’s strategic corridor.

Both projects will have a significant impact on land and property owners.  

These owners will have to deal with the complex area of Compulsory Acquisition. 

Unparalleled Expertise in Compulsory Acquisition: Navigate Complex Acquisitions with Confidence

In the complex and legally intricate realm of compulsory acquisition (CPO), navigating the intricacies of property valuation, negotiation, and legal proceedings can be daunting. 

At Lynch Solicitors LLP, we understand the unique challenges landowners face during CPO processes. 

Our team, led by me as a seasoned arbitrator with extensive experience in CPO matters, is available to provide you with the expert guidance and strategic advice you need to achieve successful outcomes.

Our Proven Track Record

Our team’s expertise stems from a deep understanding of compulsory acquisition’s legal and commercial aspects. As an arbitrator, I have served as both an assessor in CPO assessments and a representative for clients in CPO arbitrations. As a firm, we have been involved on behalf of landowners and local authorities in the conveyancing and compulsory transfer process. 

This unique blend of experience allows us to provide comprehensive assistance to both sides of the CPO equation.

Assessing Value and Negotiating Compensation.

When property is acquired through CPO, landowners deserve fair and equitable compensation for their loss. 

Our team possesses a keen understanding of valuation methodologies and market trends, enabling us to assess property values and negotiate favourable compensation packages accurately. 

We work closely with landowners and their valuers to ensure their interests are protected, and their concerns are addressed throughout the valuation and negotiation process.

Managing Complex Legal Proceedings

CPO disputes may escalate to arbitration when negotiations fail to reach an amicable resolution. As an arbitrator, I have extensive experience presiding over CPO arbitrations, bringing a balanced and impartial approach to resolving complex legal issues. I have a proven ability to navigate the intricacies of CPO case law and establish fair and consistent outcomes for clients.

Project Background:

The N24 national primary route, spanning approximately 116km (about 72.08 mi), connects Limerick to Waterford through County Tipperary. The focus is improving accessibility to key towns like Tipperary Town, Cahir, Carrick-on-Suir, and Clonmel. Below is the current map from Cahir to Limerick Junction, currently in Phase 3.

Current Project Status:

In Phase 3, the project team refines the Preferred Transport Solution, focusing on active travel, demand management, and road components. Field surveys, environmental assessments, and design development are underway to prove land take requirements and progress through the statutory process.

Land Acquisition (CPO) Compensation Rules

To advance the project, local authorities will have to engage with each landowner to agree on compensation, make arrangements to carry out the road works and take ownership of any land they need for the roadway.

Compensation for severance, injurious affection and disturbance are integral to the compulsory purchase and are assessed based on factors like market value, disturbance, and other relevant considerations.

Severance is the reduced value of kept land due to losing an acquired part. Severance in the context of compulsory acquisition refers to the situation where part of a property is compulsorily acquired, leaving the remaining part of the property effectively unusable or significantly reduced in value.

Think of a large farm with a beautiful house and a large area of land for agriculture. If the State decides to build a new road through the middle of the farm, it will sever the house from the farmland, making it difficult or impossible to operate the farm effectively. In such a case, the farmer could claim severance compensation for the loss in value of the land.

Injurious affection assesses the damage to remaining lands.  

Imagine you own a beautiful house with a stunning view of the countryside. And the new road next to your property blocks your view and reduces the value of your home. In this case, you could claim injurious affection compensation to make up for the loss in value of your property.

The amount of injurious affection compensation you are entitled to will depend on the specific circumstances of your case. However, in general, you will be entitled to compensation for the difference between the value of your property before the CPO and the value of your property after the CPO.

Disturbance is compensation for the inconvenience, disruption, and other losses a property owner may suffer from compulsorily purchasing their property. In other words, it is compensation for the loss of the use of your property, the hassle of relocating, and any other losses that you may suffer due to the compulsory purchase.

These concepts underscore the elements of a fair compensation process.

Guiding Principles in Compensation Assessment:

Arbitrators consider various matters, including restrictive covenants, lack of services for un-serviced land, and the impact of planning decisions on land value. 

The “disturbance” rule ensures compensation for personal loss during forced sales, covering professional fees and outlays. 

Afterthought

If you are concerned about this proposed scheme’s impact on your property, you should speak to a qualified legal professional.

If you are involved in a compulsory acquisition project, look no further than Lynch Solicitors LLP for the expertise and guidance you need to achieve successful outcomes. 

Contact us today to schedule a free consultation and let us help you navigate the complexities of CPO with confidence.

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