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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8604
Experience:  Barrister 17 years experience
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Request for the attention of Buachaill.Further to a query

Customer Question

Request for the attention of Buachaill.

Further to a query I posted regarding ownership rights in group water schemes, you replied on 4/22/2013 (accepts 2783):

"...So far as both the Irish Constitution and the European Convention on Human Rigths is concerned, there can be no lawful taking of a property right without compensation. Accordingly, this would mean that under Articles 40(3) and 43 of the Constitution, which deal with property rights and under Article 1 of Protocol 1 of the European Convention on Human Rights, compensation must be paid to any members who have their property rights in the community Water Scheme removed by Section 95 of the 2007 Water Services Act. To this extent the provision of Section 95 are varied by the requirement to pay those members who do not assent to the taking over of the Community Water Scheme, compensation, for the statutory removal of their property rights.
3. So to conclude, you are entitled to seek compensation for the removal of your rights in the community Water Scheme if the two-thirds majority votes in favour of it."

With respect to the matter of compensation, can you advise as to the avenue through which such would be pursued; whether the compensation would be based on an estimated market value of the group scheme, its works and so on,
and by whom or which type of body the amount of compensation to be paid to members would be determined or decided.

Regards.

Paddy.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

Buachaill :

1. I regret the fact I didn't make clear that any right to compensation would have to be determined by litigation. You will have to litigate this point as the statute does not provide for compensation. However, If compensation was payable it would be paid by the Government or the local county council who took the Group Water scheme in charge.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer :

I posted a new query regarding the above as I was unaware the question had been answered. Apologies for the confusion - I will now withdraw the question over which there is the message 'Waiting for Expert' Just one further point

Customer :

would a claim for compensation have to be made at district, circuit or high court level, and potential cost.

Customer :

Thanks.

Customer :

Regards.

Customer :

Paddy

Buachaill :

High Court level.

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