The Minister of State at the Department of Transport, Tourism and Sport, Michael Ring TD, today (Tuesday) announced the signing of a renewed co-operation agreement between his Department, Transport Infrastructure Ireland and the Irish Farmers Association in respect of land compulsorily acquired or to be acquired for the development of the national road network.
Minister Ring said: ‘I am delighted that we have renewed our partnership with the IFA and TII to ensure the delivery of key national infrastructure while respecting landowners’ rights and concerns. The renewed agreement will see a fixed payment of €3,000 per acre being paid to landowners on all lands and associated areas acquired for national road improvement works in accordance with the terms of the agreement. I thank everyone for the work they have done in getting to this stage and ensuring continued co-operation.’.
IFA’s National Chairman, Jer Bergin, said: ‘The agreement is an important framework which shapes further the original 2001 agreement. Important measures such as the fixed payment are restored, albeit at a reduced rate, and the assessment process where disputes arise is streamlined. IFA has also secured a commitment that the fixed payment will be made retrospective and all eligible farmers who missed out on this payment will now benefit’.
The Chief Executive of Transport Infrastructure Ireland, Michael Nolan, said: ‘We look forward to delivering national roads projects across the country over the next few years in co-operation with the IFA and its members’.
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Notes for Editors:
Transport Infrastructure Ireland (TII) is responsible for managing and improving the country’s national road and light rail networks. The Irish Farmers’ Association (IFA) is the largest representative body of farmers in Ireland, with the majority of landowners impacted by infrastructure projects in Ireland being members of the association.
The agreement applies to land compulsorily acquired or to be acquired in relation to national roads development and which is not the subject of planning permission or zoned for open space, commercial, residential, industrial, or recreational purposes. It does not prejudice the rights of landowners, TII, or local authorities under the legislation relating to acquisition of land by public authorities.
TII or, where they act on its behalf, local authorities shall, in relation to land for which settlement is negotiated under the agreement, ensure that compensation is assessed in accordance with the relevant statutory provisions, in relation to the value of the land being acquired and by reference to the actual size, location and quality of the land parcel being acquired.
Where the landowner and the local authority, or where appropriate TII, fail to reach agreement on a settlement, either party may seek an independent assessment by a suitably qualified arbitrator. At assessments, the acquiring authority will only consider using the services of Counsel where the landowner has signalled his/her intention to be represented by Counsel.
Where land is being acquired, a fixed payment of €3,000 per acre will be paid to landowners in accordance with the terms of this agreement, where Notice to Treat is served within the timeframe of the agreement. The fixed payment will be paid on all lands and associated areas acquired for national road improvement works under the agreement.
The Code of Practice which was prepared in 2003 and revised in 2005 in consultation with the IFA will be updated as necessary and will continue to provide guidance aimed at ensuring good liaison and communication with farmers affected by land acquisition for national roads schemes.
The Irish Farmers' Association will promote full co-operation with TII, local authorities and their agents in implementing the National Roads Programme in accordance with this agreement. The landowner on receipt of at least 14 days written notice will allow early access to land for site investigation works in order to identify and assess potential routes and will co-operate fully with local authorities for these purposes.
All parties to the agreement will promote its use for the purpose of land acquisition for the national roads programme between 1 January 2016 and 31 December 2020. TII and local authorities will seek to facilitate any landowner who opts to rely on the agreement, subject to reciprocation by the landowner through the provision of cooperation from the earliest stages.
A liaison group including representatives from TII, IFA and representatives from the County and City Management Association will continue to facilitate efficient and effective implementation of the agreement.