Compulsory purchase order

[deadend]

My father is 84, my mother is 78. Two years ago they received the first threat of a compulsory purchase order. They have lived on the N25 for nearly 50 years. Part of their land was purchased by the County Council in the 70’s to build the N25. Now the NRA has come back for the rest of the land and the family home.

My parents were told the CPO would be made before Christmas 2006.The next date was March 2007.
In July 2007 my parents were told they had a year! In November 2007 the NRA made an offer in writing for the house and land. In August 2008 the family solicitor contacted the NRA to inform them we had found a house and we would accept the offer. The NRA did not reply to the solicitor’s letter, did not return the solicitor’s phone calls and did not reply to his email. My brother tracked down the NRA representative after two weeks to be told my parents would not receive the money until the middle of 2010!

Added to this the NRA may road changes outside the house which means it is extremely dangerous for my parents accessing the road. The lady who lived next door received a higher offer, received her money and moved out earlier this year. Now the empty house is being used for parties at night. My parents hear the parties even though the walls are stone. They are terrified.

Current situation deposit paid on new house, "NRA will not have budget until 2010".

Any suggestions as to what we can do greatly appreciated.
Deadend

[Rahood]

How Old take the money and move out.

[alonso]

engage a solicitor and harass the local representatives until it is sorted. IS it not the Council that carries out the CPO on behalf of the NRA? Not sure but what's happened as yiou describe is very very wrong.

[deadend]

Thank you Alonso. The NRA appear to be a self regulating organisation with (according to Shane Ross) political appointees, only one of who has any relevant qualification. A local TD has told me he has been pushing for the NRA to be answerable to the Government without success. Not one of the local councillors has responded to my messages.

[deadend]

Thank you for your reply Rahood. The point is the NRA will not pay up!

[patslatt]

Acceptance of the offer by your parents' solicitor closed the deal. The NRA is then under an obligation to pay in a reasonable period of time and presumably can be sued for the money if it doesn't. Two years to pay seems unreasonable and if it goes to court and the judge agrees on this,the NRA would pay court costs plus interest on the money possibly. A solicitor should be able to advise on what is a reasonable time to pay based on court decisions on bad debts. One problem that may arise is the court backlog on debtor cases,if there is a backlog.

If the solicitor can give clearcut advice that the NRA payment would have to be made at the very latest by a certain date through a court action,a bank may be willing on the strength of that opinion to make a loan to your parents repayable on receipt of the NRA payment less solicitor's fees. Interest would be paid on the loan meanwhile.

On Newstalk tonight,there was discussion of the Department of Education's failure to pay on time for prefabs for an Educate Togrther school. It seems the Department is delaying payments to suppliers to keep within its budget for the present period.

As for the empty house, something could be done to make it unusable,say,stink bombs!

[deadend]

Dear Patslatt
Thank you for your help. I just spoke to the solicitor who believes that in court the Judge would find for the NRA as they do not have the budget to cover the cost. He also says time was not mentioned in the offer letter so legally they are not bound to pay within a time period.
With our luck we would be arrested for trespass while placing the stink bombs, but it could be a very satisfying operation!
Deadend

[michael1965]

Dear Patslatt
Thank you for your help. I just spoke to the solicitor who believes that in court the Judge would find for the NRA as they do not have the budget to cover the cost. He also says time was not mentioned in the offer letter so legally they are not bound to pay within a time period.
With our luck we would be arrested for trespass while placing the stink bombs, but it could be a very satisfying operation!
Deadend

The more I read about this, the more I think you should talk to a different solicitor. What harm would it do?

[ergo]

Not clear whether it is the NRA or the County Council who owe you the money.

However in either case the fact that it may not be in their current budget is irrelevant, and I cannot see why a judge would let them postpone payment on that account.

If CPO proceedings went all the way, you are entitled to payment of compensation from the date they entered the land. Compensation to be decided by arbitration unless agreed beforehand. Generally speaking the arbitrator's award has the status of a court order

If you reached terms along the way in the process, your entitlement depends on the contract made with the NRA or CC