Compulsory purchase powers exist to enable the acquisition of land for the purpose of carrying out development schemes which are in the public interest. Examples of such schemes might include highway improvements or utility infrastructure works. Land can be acquired outright, i.e. the freehold interest, or alternatively formal rights over the land (in the form of easements, wayleaves or other specific rights) may be acquired rather than the land itself.
Where compulsory purchase powers are exercised, the affected landowners are entitled to compensation. The basis of compensation is set out in the governing legislation. However, the basic principle is that the landowner should be no better or worse off as a result of the Compulsory Purchase Order. It should be noted that landowners might be entitled to compensation even where no land or rights are being acquired.
Woolley & Wallis' Farm & Rural Department have extensive experience of compulsory purchase legislation having acted for both private landowners and acquiring authorities throughout its history. Our expertise and experience in this area mean we are well placed to advise on all matters relating to Compulsory Purchase Orders including:
- Formal objections to Compulsory Purchase Orders
- Negotiation of accommodation works
- Referencing of land
- Assessment, negotiation and settlement of compensation claims
Professional fees and charges incurred in connection with Compulsory Purchase Orders are normally recoverable from the acquiring authority. Why not contact Woolley & Wallis' Farm & Rural Department for an initial consultation.