4. Land Law, Succession and Trusts

4.1 Compulsory acquisition of land

In 2015, the Commission began work on its project on compulsory acquisition of land (4th Programme of Law Reform, Project 8). This project will involve the consolidation, clarification and reform of the rules and principles on compulsory acquisition of land. The current process is considered unnecessarily complex, lengthy and costly and the purpose of the project would be to put in place a fair, effective and efficient system. The current law emanates from many different pieces of legislation and different rules apply depending on the type of compulsory purchase order (CPO) involved, whether for electricity, railways, roads or other matters. In addition, much of the relevant legislation predates the foundation of the State, including the Lands Clauses Consolidation Act 1845, the Railways Clauses Consolidation Act 1845 and the Acquisition of Land (Assessment of Compensation) Act 1919. Among the matters included in the project will be: simplification, consolidation and codification of the law; the principles for the assessment of compensation on the acquisition of land or interests in land; time limits for implementation of a CPO; and submissions from third parties whose land is not being acquired. The Commission intends to publish an initial Issues Paper on aspects of this project in 2017.

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