KEY PHASES IN C.P.O.’S FOR ROAD SCHEMES
In the case of land acquisitions for road schemes, F.B.A. Consultants provides a complete service throughout the entire process, from the selection of the preferred route to the negotiations and the subsequent payment of compensation.
We also provide a complete service in the case of other acquisitions, such as wayleaves, rights of way for power lines / pylons, pipelines, sewerage and water schemes.
ROUTE SELECTION AND PRE C.P.O. PHASE
POST C.P.O. PHASE / NOTICE TO TREAT
In the early stages of this phase the County Council and Transport Infrastructure Ireland (TII) will display possible alternative routes for the proposed road scheme. Landowners should discuss their concerns about these proposals with the County Council and make suggestions about how these concerns could be minimised.
Draft C.P.O. maps, showing the approx. area and location of lands being acquired from landowners, will be available during this period. Landowners will afterwards be issued with the formal C.P.O. notice and maps. Landowners are then given a relatively short period to object to the C.P.O. if they so wish.
F.B.A. Consultants will be available during this phase to advise on the accommodation works to be provided by the County Council and to prepare and deal with an objection to the CPO if required. During this phase landowner’s normally organise a Roads Group. A Roads Group becomes a network to ensure all landowners work hand in hand with each other and will be in a position to match the resources of the County Council / TII.
Following formal confirmation of the CPO the landowners are served with a Notice to Treat. This is the valuation date for the compensation and landowners will then be required to get assistance from their Agricultural Consultant / Valuer to prepare and lodge the compensation claim on their behalf.
F.B.A. Consultants will prepare the compensation claim and carry out all negotiations with the County Council on behalf of its clients. While negotiations are a lengthy process, landowners will be involved at all stages and clients make all final decisions regarding compensation and accommodation works.
A carefully prepared, and professionally presented compensation claim is an important aspect of the entire process.
The most critical decision a landowner has to make, at the initial stage, is the selection of the professional team to navigate through the entire process. Understandably, landowners will not be familiar with the process and often think it is similar to negotiating an ordinary land sale. This would be totally misleading.
The process is governed by complex rules and regulations and getting maximum compensation totally depends on using these rules to the maximum as they are generally favourable for the landowners. While everybody strives to avoid Arbitrations and Assessments it is safer to assume, from the outset that they may be necessary. Accordingly, it is wise to select a team of professionals that are capable of doing a good job in difficult situations.
THE PROFESSIONAL TEAM
This is the most important individual on the team. He (she) must be practical as well as having a complete knowledge of the Rules and Regulations governing the process. Previous experience of dealing with C.P.O.’s, particularly Arbitrations is a crucial requirement. Agricultural Graduates, with experience of land purchase and sales and knowledge of the C.P.O. process should be in the best position to give a good service
A family Solicitor is normally familiar with the property and personnel involved. Provided he (she) has a good knowledge and previous experience of C.P.O’s, the family Solicitor should be in the best position to provide legal services.
Denis Collins / Richard Collins / John Dore will personally visit every clients holding prior to the preparation of the claim, to discuss the detail of the claim with the landowner.
While each landowner’s business is entirely confidential and will not, under any circumstances, be discussed with any other landowners, group meetings may be held to review strategies and matters of general and common interest. Such matters as the most recent prices for land, underpasses, drainage, temporary disturbance, and the implementation of the I.F.A. Agreement, will be discussed at these meetings. Following the above steps each landowner will be issued with a draft copy of the claim for further discussion and approval before submission to the County Council.
Compensation negotiations, with the County Council Valuers, commence shortly after the claim is submitted. This is the most important aspect of the entire process. The client will be kept fully aware of progress with the negotiations. Nothing is agreed with the County Council Valuers without the full approval of the client.
Once agreement has been reached with The County Council the details of same are given to the landowners Solicitor, who will then legally bring the matter to a conclusion to facilitate payment of the compensation.
WHAT SHOULD LANDOWNERS IMPACTED BY A C.P.O. DO?
Where agreement cannot be reached with the County Council, F.B.A. Consultants will prepare a detailed case for Arbitration / Assessment and attend at hearings to give evidence in support of the clients claim.