Commitment is given in Code of Practice that CPO process will only be used as ‘a last resort’ for land acquisition

THE Code of Practice for National and Regional Greenways – published last week – will strive to acquire lands through voluntary agreements rather than by the CPO (Compulsory Purchase Orders) process.

However, the CPO mechanism can still be exercised – ‘but only as a last resort’ – according to the Code of Practice section dealing with land acquisition.

“Many landowners and their representative bodies hold serious reservations and have legitimate concerns as to the use of the CPO powers in the provision of National and Regional Greenways.

“The strategy and commitment outlined in the Code, will it hoped, facilitate the acquisition of lands by way of voluntary agreements.

“Where this does not prove possible, it may be necessary to exercise the Compulsory Purchase Mechanism. This (CPO mechanism) will, however, only be exercised as a last resort and in [special] circumstances,” the Code of Practice states.

Those special circumstances could apply in cases where no voluntary agreement be reached; where an economically feasible alternative route does not exist; and where legal/title issues arise such as proof of ownership (clean title), unregistered land, wards of court, and competing claims.

According to Section 3.3 of the Code of Practice, the availability of the CPO could be a useful process in allowing the acquiring authority and the landowners to resolve title issues where agreements had been reached.

“An example could be, if a third party asserted some rights over the landowner’s holding, or where probate had not been concluded.

“The project promoter would then be able to extinguish that third party right and obtain clean title.

“This provision will benefit both the landowner and the project promoter by enabling title issues to be resolved and to allow land payments to be made,” the Code states.

For more, read this week’s Connacht Tribune.

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