Property – Compensation, Acquisition of Land

Recent High Court Decision: Electricity Supply Board v Boyle Desmond and others 14/12/2018 Nos. 194 & 195 JR/2018 & 1555 P/2018 [2018] IEHC 718

Summary: The Electricity Supply Board was required to pay compensation where it exercised statutory powers to place electricity lines on private property. Under the Acquisition of Land (Assessment of Compensation) Act 1919, a property arbitrator set the level of compensation where there was no agreement. There appeared to be a lack of consistency between the arbitrators in respect of the validity of unconditional offers, and orders were now sought to require the arbitrators in the instant cases to state cases.

 

Decision of the Court: Quinn J, held that there was a clear question of law to be resolved to properly determine the matter between the parties. The Court invited submissions as to the formulation of orders to be made not recommended by the Defendant in any way.

 

Comment: It will be interesting to see how this matter is finalised and the implications that it has for compensation relating to Compulsory Purchase Orders going forward. This matter will become extremely prevalent with the proposed acquisition of private lands by the National Transport Authority to accommodate Dublin’s new rapid bus network in certain parts of the city. 

 

Brady Kilroy