Farmers are entitled to claim compensation of €2,000 to €100,000 for ESB poles or pylons on their land.

Once a wayleave notice is served by ESB for a new electricity line, it acquires a wayleave for the line across the landholding.

Lar McKenna of Land and Utility Compensation Consultants, a claims management service, told the Irish Farmers Journal that this is a form of compulsory acquisition and that, under law, landowners are entitled to claim compensation as a result.

Under the rules, landowners are entitled to compensation in a general sense for loss or damage to their land, McKenna said.

“This can include physical damage to land and loss of crops but in the bigger picture it’s about certain rights that are required [by ESB] over land.”

McKenna said that when a pole or pylon is put up, a corridor on that land is effectively sterilised by the ESB as it requires right of access to that land forever.

“In simple maths, there are thousands of kilometres of poles around the country. Potentially 2,000 landowners, between having small and big lines, could make claims at the moment.”

Cost per pole

There is no set formula when it comes to the cost per pole. It depends on each land holding and the size of the pole, according to McKenna.

“If it’s a small pole on the land farmers could be entitled to €2,000, but if it’s a pylon on the land they could be entitled to €100,000.”

The higher payment for pylons is likely a reflection of their size and the level of negative feeling they generate.

“The compensation ranges from the quality of the land, the current use of the land and the potential for the land.

“A farmer can only claim for what the best use of the land is for that farmer.”

The compensation wasn’t being availed of to the extent it should have been until recently and farmers who are making a claim are advised to get legal advice, McKenna said.

The ESB normally pays a flexibility access payment to landowners to allow access to land by ESB.

However, McKenna said that accepting this does not affect a claim for poles or pylons on a farmer’s land.

Read more

Call for action on fodder as crisis looms

Exclusive: BDGP payments begin to issue

No Brazilian beef deal – for now