Carlow CPO of house, surgery to be challenged

A Co Carlow eye specialist says she will stage a sit-in at her house and surgery next week to prevent it from being taken over by the local town council under a compulsory purchase process.

Dr Móna McGarry said that after securing a compulsory purchase order on her property, Carlow Town Council invoked legislation dating back to 1845 to obtain possession.

This meant that she was unable to go to the courts to seek a judicial hearing on the issue.

She said she had not been offered any compensation or alternative accommodation and that she was considering taking a case to the European Court of Human Rights.

Dr McGarry said Carlow Town Council had sought to take possession of her home and surgery at Athy Road to facilitate a road development.

After the compulsory purchase order was finalised, the normal practice would be for the issue to go to court in the event of the owner of the property continuing to object to handing it over.

In her case, the town council had invoked the Land Clauses Consolidation Act 1845 to secure her property which prevented her from seeking a judicial hearing on the issue.

She said that the council had initially promised to provide alternative accommodation but that it had not delivered on this and it was now seeking to evict her from the property.

Earlier this week the county registrar told Dr McGarry's solicitor that she would be executing the warrant for possession of the property next week.

In a statement, Carlow Town Council said that it could not comment on the case in detail for legal reasons.

However a spokesperson said that an offer to purchase the property by agreement had been made by the council in 2004.

Dr McGarry disputed this last night and said that the documentation and correspondence in her possession would challenge this claim.

Carlow Town Council said 11 properties had been affected by the compulsory purchase order published in January 2005.

It said that the compulsory order had been subsequently examined and confirmed by An Bord Pleanála.

It said "it had afforded Ms McGarry every possible opportunity to address the matter".

"The council has been advised that in the current circumstances, she intends to exercise her right to apply to the courts for injunctive relief and to test the constitutionality and validity of the compulsory acquisition process," Carlow Town Council added.