Compulsory purchase in England and Wales

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Mandatory purchase is the power to acquire land rights in UK land law, or to purchase the property directly, without the consent of the current owner in exchange for compensation. In England and Wales, Parliament has provided some kind of compulsory purchasing power, which can be exercised by various agencies in various situations. Such powers are "for the public good", but this expression is interpreted very broadly.

Video Compulsory purchase in England and Wales

Histori

Although land can be obtained with permits, and behaviors that generate reasonable expectations from others, private methods of obtaining land are often inadequate for adequate public regulation. Building national infrastructure, such as railways, housing, and sewerage, as well as democratically determined planning rules, either by national or local governments, usually require compulsory purchases, since private owners are not allowed to give up land needed for public works except at a price too high. Historically, purchases must be made under the Openness Act and their predecessors, where cages are often a method of taking over people from common lands for the benefit of barons and landlords. In the industrial revolution, most railways were built by private companies that acquired mandatory purchasing rights from the private Parliament Act, although by the end of the 19th century, the mandatory purchasing power became more transparent and used for general social welfare, as with the Health Act Society. 1875, or the Working Class Act for Housing 1885. Purchase rules shall be extended significantly during the First World War for military use, and after the war for housing, as certain principles become standard.

Maps Compulsory purchase in England and Wales

Purchase of local authority

Today, the Land Compensation Act of 1961 section 5 generally requires that the owner of an interest in the land (eg, property rights, leases or use rights as in Ellenborough Park) receives payment for "land value... if sold on the open market by willing sellers ". Compensation is often also available for home losses, or if one's business has to move. The 1965 Compulsory Purchase Act sets out the terms for purchases to be made, and the Land Acquisition Act of 1981 regulates the conditions for the grant of "Obligatory Purchase Orders". Typically, either the central government is represented by the Secretary of State, or the local council will be interested in making compulsory purchases. The local council's authority to make purchases for some reason may be specified in a special law, such as the Highway Act of 1980 to build the road when it is absolutely necessary. However, the 1990 State City and Planning Act 226, which allows the compulsory purchase to "facilitate the implementation of development, redevelopment or upgrading" for economic, social, or environmental welfare in the area, must be confirmed by the Minister of Foreign Affairs. , and similar to the 1972 Provincial Local Government Act 121 requires the council to seek approval from the government minister, a time-consuming process that prevents purchases from being made uncoordinated in the central government.

• Acquisition of the Land Act 1981
• the 1973 Land Compensation Act
• The 1991 Planning and Compensation Act

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Leasehold Purchase

The most common reinstatement emerged in the Law of Reformation of Lease 1967. Under the Act, the 1987 Leasing Reform Act, and the Urban Development Reform, Housing and Urban Development Act 1992, private individuals whose lease holders have power in certain circumstances to force their landowners. to extend rent or sell freehold on valuation.

Retaliation, under obligatory purchase, is not necessarily a monetary payment of an open market value (see James v United Kingdom [1986]), but in many cases an equivalent amount of judgment is made as if between willing sellers and buyers who are willing to fall because of previous owners.

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Utility company

Utility companies have the legal power to, for example, set up electrical substations or sewers or water pipes in or through others' lands. This power is offset by an appropriate right for landowners to force utility companies to remove wires, pipes or drains in other circumstances (see eg section 185 of the Water Industry Act 1991).

The mandatory purchase is only valid as far as necessary for the buyer's purpose. So, for example, the water authority does not need to buy land on the ground to run the sewer through it. A convenience will usually be enough, so in such cases the water authority can only obtain convenience through the use of compulsory purchases.

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Procedures

In many cases, the Obligatory Purchase Orders (CPO) are made by the purchasing authority or the Minister for Foreign Affairs. The CPO should clearly identify the affected land and establish the owner, where this is known. Orders are then serviced on all owners and tenants with rentals with more than one month to run, or affixed to the ground if some owners or tenants can not be tracked. Period of at least 21 days allowed for rejection. If there are legitimate objections that are not withdrawn, an investigation led by an inspector will take place. The Inspector reports to the Secretary of State. If the Minister of Foreign Affairs affirms the CPO, then it becomes very difficult to challenge.

After the CPO is confirmed, the purchasing authority must serve Notice to Be Treated within three years, and Notice of Entry within the next three years. May occupy the land no less than 14 days after serving the Notice of Entry. Notice to Treat requires the landowner to respond, and is usually a trigger for the landowner to file a claim for its value. If no claim has been filed within 21 days of the Notice to Be Treated, the acquirer may refer the matter to the Lands Court. If the landlord is not traceable and does not respond to the Landed Notice to Be attached to, the purchasing authority shall pay the amount of compensation to the Court.

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Crichel Down Rules

The Crichel Down Principles require central and local governments, when, after obtaining a compulsory land, they find that they no longer need it, to offer it in the first instance to the person they get at its market price. However, this applies only if the land does not materially change, and does not hold the principle that the council should not dispose of the land "for consideration less than the best that can be obtained" under the 1972 Local Government Act, article 123 This means that where it is difficult to assess the land for any reason, the land may need to be sold through a tender or auction.

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Human rights

Due to the social importance of property, whether for personal consumption and use or for mass production, compulsory purchasing law has faced the challenge of human rights. One concern is that since the 1980s privatization, many purchasing power must be used for the benefit of private companies whose incentives can deviate from the public interest. For example, the 1991 Water Resources Act continues to allow government agencies to order mandatory purchases of people, even though the profits are given to private shareholders of British water companies. The Supreme Court declared that the Wolverhampton City Council acts for an improper purpose when it takes into account Tesco's promise to redevelop another site, in determining whether to make a mandatory purchase order over site owned by Sainsbury's. Lord Walker stressed that "the compulsory acquisition power, especially in the" private to private "acquisition, is a serious breach of ownership right now." However, mandatory purchase orders are often used to acquire land given back to private owners, including at Spring Alliance v. First Secretary where the house in Islington was purchased to build Emirates stadium for Arsenal Football Club.. In contrast, in Gerald Grosvenor, Duke of Westminster 6, the owner who is inherited largely from Mayfair and Belgravia, argues that the right of the holder to purchase rights violates their right to property under the ECHR 1 Protocol, article 1. The European Court of Human Rights has ruled that the 1967 Rental Reform Law, which allows tenants to purchase property from their private landlords, is within the limits of member country appreciation. It is competent for member states to regulate ownership rights for the public interest.

Another issue of whether or not planning decisions in general may violate property rights is not important to the United Kingdom. In the case divided by the US Supreme Court called Lucas v South Carolina Coastal Council the majority stated that if a rule prevents property owners from developing land (in this case to preserve beach coasts) compensation should be paid. This has not been followed in most of the rest of the Commonwealth, and at Grape Bay Ltd v. The Attorney General of Bermuda The Advisory Council suggests that decisions by democratic legislators are better than courts to determine social and economic policy issues in relation to property. Here, McDonald's attempted to sue Bermuda for passing legislation to prevent it from opening a restaurant as a "property rights" violation under the Bermuda law, which it said consisted of the hope of being able to run the business and various contractual arrangements for that purpose.. Lord Hoffmann argues that there is no infringement of property rights, which states that "giving and receiving civil society often requires that the exercise of private rights be limited to the public interest." The jurisprudence of the European Court of Human Rights, though not entirely clear, shows a similar approach.

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Cases and laws

• The Land Consolidation Clause of 1845, removing the need for special private Laws for rail-driven mandatory purchases
• Inslosure Act 1845, establishing an Inclosure Commission to hear petitions for mandatory and developmental purchases
• Working Class Acts 1885
• Working Class Acts 1890
• A-G v Great Eastern Rly Co (1880) 5 Applications Cas 473, 478
• Port Supervisor Ayr v Oswald (1883) 8 App Cas 623
• A-G v Manchester Corporation [1906] 1 Ch 643
• Hotel Royal Hotel A-G v De Keyser [1920] AC 508
• Stourcliffe Estates Co Ltd v Bournemouth Corporation [1910] 2 Ch 12
• Realm Defense (Land Acquisition) Act 1916
• Land Acquisition (Assessment of Compensation) Act 1919
• Land Acquisition (Authorization Procedure) of the 1946 Act
• Burmah Oil Co Ltd v Lord Advocate <19i] AC 75, 115, Lord Radcliffe, 'The Crown never claimed or sought to exercise at peacetime the right to take the land except by agreement or at under the force of the law. '
• Perst v Secretary of State for Wales (1982) 81 LGR 193, Lord Denning MR, 'It is clear that no minister or public authority can acquire any land except the power to do so is given by Parliament: and Parliament only grants it, or simply has to grant it, if necessary for the public good. Therefore, wherever, the scale is evenly balanced - for or against the compulsory acquisition - a decision - by whomever it is made - must come down against a compulsory acquisition. I regard it as our constitutional legal principle that no citizen shall be deprived of his land by any public authority against his will, unless expressly authorized by Parliament and the public interest to expressly demand it. If there is reasonable doubt about this issue, the balance must be settled for the citizens. '
• Empty Dwelling Management Orders, a form of "compulsory leasing"
• Development Approval Orders
• Channel Tunnel Act 1987
• The Vesting Declaration Act 1981
• Housing Act 1985
• Housing Act 2004
• Highway Act 1959
• Highways Act 1980
• Land Charges Act 1972
• The 2008 Planning Act
• Transport and Employment Act 1992
• Air Industry Act 1991
• Mandatory purchases by Minister (Procedure of Inquiry) Rule 1967
• Mandatory purchases by Authorities Getting Non-Ministerial Results (Procedure of Inquiry) Rule 1990
• Purchase of Mandatory Land Regulations 1990
• Hawaii Housing Authority v. Midkiff , 467 US 229 (1984)

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References

• Denyer-Green, Barry: Compulsory Purchase and Compensation , 8th ed. London: The Estates Gazette Limited, 2005. ISBNÃ, 0-7282-0481-9
• Sydenham, Angela; Monnington, Bruce; and Pym, Andrew: Important Laws for Landlords and Farmers , 4th ed. Chapter 8: Compulsory Purchases and Compensations. pp.Ã, 118-135. Oxford: Blackwell Science Limited, 2002. ISBNÃ, 0-632-05796-3

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Note

Source of the article : Wikipedia