Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
Question for Buachaill, barrister, Republic of Ireland.
You stated in response to a earlier question that where ownership of a community owned group water scheme is taken over by a local authority, members who have not consented to such would be entitled to compensation as, under constitutional and EU provisions, they have ownership rights in the scheme. The rights, you pointed out, may be vindicated through litigation. QUESTION: On what would a claim for compensation be based or open to being entertained by the courts, that is would it be by reference to the estimated market value of the scheme, including its works or infrastructure, lands, goodwill etc. or some other considerations or criterion?
I have received a number of messages stating my question has been answered, however, the part of it as set out immediately above most certainly has not been.
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