Where land and property is required for the construction of public works, such as the building of a new motorway or railway line, it is normal for a Compulsory Purchase Order to be made.
This gives the public body powers to compulsorily acquire the property subject to compensation being paid to the existing owners.
Non-public bodies can also be given compulsory purchase powers, e.g. privatised water and electricity undertakings. Properties which have fallen into disrepair can be compulsorily acquired sometimes.
The Compulsory Purchase Act 1965 normally applies for acquisitions by public authorities. This consolidates much legislation going back to the Lands Clauses Acts introduced in the 19th. Century because of the railway construction boom when Private Acts of Parliament authorised compulsory purchase of land for the track, works, stations and goods yards etc. Some matters are dealt with by the Land Compensation Acts, Town and Country Planning Acts, Housing Acts and many others.
In most cases an owner is compensated with the market value of his property, ignoring the effect of the proposed works. Disturbance is also payable, which covers other costs incurred through being compulsorily acquired, such as moving expenses and professional fees.
Our surveyors have much experience in compulsory purchase matters. We can offer advice and negotiate the terms for compensation with the acquiring body’s surveyor or ‘District Valuer’. We can also deal with Blight Notices which can sometimes be used to force a purchase when people wish to sell but find it difficult because of some proposed scheme affecting their property. The surveyors have in the past dealt with motorways, road widening, slum clearance, comprehensive development areas and other schemes involving compulsory purchase.
We are currently dealing with a number of cases of property affected by the High Speed 2 Rail Link between London and Birmingham. For the time being in that case, only compensation under the Exceptional Hardship Scheme is available.
We are also dealing with Exceptional Hardship claims relating to the Thames Tunnel sewer project. This proposal will increase the capacity of the London sewers, first built in the second half of the 19th. century under the direction of Sir Joseph Bazalgette, chief engineer to the Metropolitan Board of Works.
We are involved in compensation work under the City of Coventry (Far Gosford Street) Compulsory Purchase Order 2011 and a scheme involving Compulsory Purchase in Ealing, London, W3.
Please get in touch if you require help.
