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Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2235
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Attention of Buachail, barrister, Republic of Ireland.Some

Customer Question

Attention of Buachail, barrister, Republic of Ireland.

Some confusion seems to have arisen with regard to my query. As you have very rightly stated in the reply of today, you provided an answer to my question, that is except for one important part which is as follows:

Whether the compensation for members of a community owned group water scheme who have not consented where the project or utility is taken into the ownership of a local authority with the approval of two thirds of its membership is or will be assessed or determined by reference to the market value of the development, including its works or infrastructure, lands, goodwill value and so on, or some other criterion?

Any light you can throw on this issue would be greatly welcomed by scheme members here in the south west.

Meanwhile, thank you again for your most enlightening information on property rights as attach to locally owned water services - very few, if any members involved in group schemes would be aware such rights are in place.

Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  Fran-mod replied 4 years ago.
I have sent Buachaill a message letting him know that your question is available for him.

Thanks for your patience.
Customer: replied 4 years ago.

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.





Expert:  Wendy-Mod replied 4 years ago.
Hello Paddy,

We are still waiting for Buachaill to come online to help you with your question. Thank you for your patience.