The Irish Farmers’ Association (IFA) has said that it has concluded an agreement with Transport Infrastructure Ireland (TII) on a new National Roads Agreement, which covers compulsory purchase orders (CPOs) for road infrastructure.
The IFA said that the new agreement will apply to land compulsorily acquired for national road developments up to December 31, 2027. The agreement is backdated to include lands acquired in this way from January 1, 2022.
Announcing the details of the new agreement, IFA president Tim Cullinan said that having land subject to CPOs for state infrastructure “is very disruptive, extremely stressful and unsettling for farm families”.
The agreement covers the compensation claim by landowners impacted by the CPO process. It also provides an additional fixed payment of €6,500/ac in recognition of the co-operation and early access provided by the landowner.
Cullinan said: “CPOs are provided for in law and while we make not like that, it is very important that farmers are at least compensated fairly and fully. An IFA team led by Paul O’Brien has been working on these negotiations for months and I am confident that the best possible agreement has been reached.”
The new agreement builds on the previous 2016 Agreement and continues to set out additional arrangements and procedures aimed at ensuring that landowners and acquiring authorities are clear on the processes.
IFA environment chairperson Paul O’Brien said there are a number of key provisions in the agreement which are “critically important for landowners”.
These include assessing the open market value of the land being acquired. This is done by reference and comparison to the size, location and quality of the land parcels that are part of the order.
Account is also taken of the injurious affection (including damage to the viability of the farm business).
Where farm buildings, fixtures and other structures are taken, the settlement will include the cost of replacing such farm buildings, fixtures and other structures with comparable new facilities for similar farming purposes, the IFA said.
The agreement also provides a facility for an independent assessment of the compensation if a settlement agreement cannot be reached between the landowner and the local authority or TII.
The IFA said that compensation will be paid for all damage and disturbance caused during site investigation works, including disturbance to farming activities, livestock and/or crops, and full reinstatement shall be made to all lands damaged by site investigations as set out in a revised code of practice.
O’Brien said a Code of Practice will be updated and will continue to provide guidance aimed at ensuring good liaison and communication with farmers affected by land acquisition for national roads schemes.
A project liaison officer for each major national primary road scheme will be appointed to liaise and engage with impacted farmers or their representatives, including in relation to the supervision of agreed accommodation works.
The local authorities will provide and maintain stock proof fencing on all new motorways, dual-carriageways and national roads provided on or over land to which the agreement applies.
Commenting on the agreement, O’ Brien said: “Having your land selected for compulsory purchase is a massive issue for any farmer. The IFA has worked hard to put an agreement in place to ensure that farmers are treated fairly in the process.
“For many that will be little compensation for the loss of their lands, which have been passed through the generations and is the basis of their livelihood.”
“We believe this is a good agreement and we will continue to work with farmers on the ground to address any queries and to ensure that the acquiring authorities honour it in full,” he added.