New proposals could see farmers reduced to second-class citizens when compulsory purchase orders (CPOs) are being made.

The Law Reform Commission is reviewing the legislation around CPOs.

Key among the proposals is that “compulsory acquisitions [be] legislated for in a manner that would differentiate the system based on the type of landowner”.

The IFA has described this as a “land grab”, that it will fight all the way. It sees this as putting farmland on a lower footing than, for example, a plot containing a private dwelling, which runs counter to the fundamental principle of equivalence.

The right of the state to execute compulsory purchase is not being changed by the proposals. Essentially, they concern the procedures for negotiations of compensation with affected property owners.

There is no reference to the 2001 agreement between IFA, Government and the NRA that established a formal structure for negotiations apart from those enshrined in law.

This regime sees less than 1% of cases go to the arbitration process, which implies that the procedures currently in place are working reasonably well.

Property owners affected by a CPO project, but who do not have any land taken, will continue not to have any right to compensation under the proposals, which will disappoint many farmers.

The Law Reform Commission is comprised of a current and retired High Court judge, two barristers and a professor of law.

Reaction

“IFA understands the need for new infrastructure, over the years we have worked to deliver an efficient and fair approach, which safeguards landowners’ entitlements,” said Joe Healy.

“This support can no longer be taken as given. As IFA president I will not allow property rights to be trampled on. Proposals to introduce a compensation system based on the ‘type of landowner’ are discriminatory and will create an unacceptable hierarchy of property ownership in Ireland.”