This article is from page 3 of the 2008-10-21 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 3 JPG
CLARE County Council has claimed that it had no option but to apply for the committal of a Crusheen pen- sioner, when he continued to deny it access to his land for necessary works.
In a statement the local authority said that at all times it “endeavoured to reach agreement” with Oliver Clune on the purchase price of land it was to acquire under a compulsive purchase order.
It said it “commenced the arbitra- tion process to resolve this issue which will result in an independent assessment of the property value.
The access issue is now within the control of the Court.”
The council came into contact with the Crusheen farmer as part of its proposal to provide a road link be- tween the Gort Road and the Tulla Road in Ennis.
The purpose of this road is to 1m- prove significantly traffic flows in the Northern area of the town and also provide “safe and proper access to the Shannon Development Informa- tion Age Park” located at the Gort Neyer
To carry out this project that council said it had to acquire approximately 1.7 acres of land from Mr Clune.
“Negotiations took place with Mr.
Clune regarding purchase price and other matters. Unfortunately, agree- ment could not be reached on the purchase price. In addition to the disagreement on purchase price Mr Clune also disagreed in principle with the provision of his land as detailed for the purpose of Phase I of the road network,’ the council spokesperson said.
The council then moved to Com- pulsory Purchase powers to acquire the necessary lands from the land- owner in June 2005.
The Compulsory Purchase Order was confirmed on August 26, 2005.
The council was still seeking to agree a purchase price with Mr
Clune.
The council requested that the mat- ter be referred to arbitration and the arbitration process in relation to the purchase price is still underway as far as Clare County Council is con- Ou iere
“In pursuance of the councils statu- tory duty as Road Authority the council decided to enter on the lands in December 2007 for the purpose of measurement and survey. Council employees were prevented from car- rying out the work by the landown- er,’ said the spokesperson.
The council tried to enter the land in January this year and again in March.
‘As this was resulting in consider- able time delay and unnecessary ex- penditure of public funds the council had no option but to seek a Court Order preventing Mr Clune, his serv- ants or agents from interfering with the legitimate work of the council. This order was duly granted by the Circuit Court on April 24, 2008,” said the local authority.
The council again sought to en- ter the lands in May 2008 but were again prevented from doing so.
“At this point the council, and in ac- cordance with due legal process had no option but to apply to the Circuit Court for an Order of Committal for Mr Clune,’ the council said.