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Unread 11-01-2008, 10:29   #75
Mark Gleeson
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Transport Act 2001 section 36 grants the RPA, CIE or their agents the right to access all lands in the preparation of a works order

Should the owner refuse, a warrant may be issued upon application to the district court.

I'm no solicitor but that to me means if CIE wants to block the RPA they need to go the high court to get an injunction. That would be public knowledge if it happened. Before that of course you would get the usual round of letters back and forward trying to get a solution. The RPA have been on site, that can be confirmed. Mountain molehill thing. I very much doubt its the first time the RPA have had to deal with a awkward landowner.

In that context the media report doesn't make any sense at all, since it implies the RPA dont have access when in fact they do

The fact it is the use of the future use of lands which is in dispute. This is well known, nothing new and indeed a study has been commissioned to resolve the issue in a open manner. The result is fairly well assured to be in the RPA's favour

The hold up on the Luas side is the continuing will they or won't they build the line to join the Red and Green lines. Its to be done by end 2012 which is 5 years from today basically, they don't need to submit the works order mid 2009, its not as if its delaying things
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