Courts / Kildare / Report

Farmer wins Supreme Court appeal against IDA over compulsory purchase order

Summary

In November 2015 the Supreme Court overturned a 2013 High Court ruling that had allowed the Industrial Development Authority (IDA) to compulsorily acquire 72 acres of Thomas Reid's farm and family home in Blakestown, Co. Kildare. Reid, aged 53, had sued the IDA and the State, arguing that the compulsory purchase order (CPO) issued on 14 November 2012 was beyond the powers granted to the IDA under section 16 of the 1986 Industrial Development Act. The Supreme Court, in a unanimous decision by five judges, held that the IDA had no authority to acquire land not immediately required for industrial use and that the CPO was ultra vires. The Court also found the IDA's decision to be objectively biased, as the IDA alone made the decision from start to finish. The ruling quashed the CPO and set aside the IDA's decision to acquire the land. All remaining matters, including costs, will be dealt with later.

Who, what, where, when and why

What: Report matter: Farmer wins Supreme Court appeal against IDA over compulsory purchase order. Procedural stage: hearing_or_decision

When:

• November 14th 2012 Hearing Or Sentence
• November 23rd 2012 Other
• 2015-11-06 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
• 'Merciful approach': man who sexually assaulted girl (14) a year after defiling her won't face any extra jail time
• Museum employee charged with possessing bomb tells court he wants to reapply for bail 'at earliest chance'
• Explosive device allegedly stored in National Museum at Collins' Barracks
• Journalist 'victimised and penalised' by animal rescue charity, solicitor says
• Fraudster jailed for conning over €50k from elderly woman for garden work

Read the original CNI report