40.3.2°: "The State shall, in particular,
by it laws protect as best it may from unjust attack and,
in the case of injustice done, vindicate the life, person,
good name, and property rights of every citizen."
living in some of our estates are not adequately protected
by the State and are living in fear. This is especially
true in regeneration areas.
Garda service promised for regeneration areas in the Fitzgerald
Report never happened and far from restoring "confidence
and stability in the communities" a culture of
fear still exists and many vulnerable people feel that they
have no choice but to leave.
In truth, there
was little debate about what is best for regeneration areas
and many residents have already been blackguarded; with
many homeowners turned back into tenants by Limerick City
Council. Nevertheless, residents
must be given the following options in any demolition scheme
If you are
a Limerick City Council tenant:
Unfortunately, as a tenant you have little say about the
demolition of your home. However, you have legal rights
and must be offered a new home in the area or a home in
another location acceptable to you, under the same terms
of tenancy. You must also be compensated for any improvements
you have made to your home during your tenancy; 'like for
If this involves temporary displacement, you must conclude
a legal agreement with both Limerick City Council and the
Regeneration Agency assuring you of a home in the area within
an acceptable and reasonable time, if this is your wish.
If you are
a home owner:
You must be offered a home in the area exchange for your
existing house. Your new home should be at least the same
size, if not bigger than your existing home, and should
be built on the same area of land. For example: If your
existing home stands on a quarter acre of land, then your
new home should be built on a quarter acre of land; 'like
You may be required or decide to relocate, if so, you must
be given the means to secure a new home by Limerick City
Council or the Regeneration Agency, by purchasing your home
at a value that reflects the value of a new house within
the redeveloped area or by purchasing a house on your behalf
in exchange for the deeds of your home. Deeds for deeds.
Do not entertain
any proposal involving "existing market rates".
Threats of compulsory
purchase should be ignored, you are still entitled to 'like
must be made in writing, which should be approved by your
solicitor before you agree to the terms. Don't sign anything
without consulting your solicitor.
demand 'like for like' - it is your right
WHAT'S ON OFFER
| DEMAND LIKE FOR LIKE | A
CASE IN POINT |