COMPULSORY PURCHASE & LAND COMPENSATION
Coles & Company act for many clients/claimants
affected by Public Schemes e.g. Motorways Road Improvements, High
Speed Rail Link etc. where land including rights in/or over land
are taken or affected by Public Works. This is complex and specialised
work where the average layman should always take professional advice
and guidance.
The current Compensation Code is normally assessed in accordance
with the provisions of the Land Compensation Acts 1961, 1973, the
Compulsory Purchase Act 1965, the Town & Country Planning Act
1990 and the Planning & Compensation Act 1991. There are other
less frequently used statutes affecting compensation e.g. the Housing
Acts 1957 to 1988, the Pipelines Act 1962 etc.
The basis of an assessment of compensation is usually open market
value (OMV), but in arriving at OMV all the relevant statutory rules
and provisions must be applied.
Entitlement to compensation under the above mentioned
criteria may be enjoyed by the following classes of persons:- A
person required to convey or surrender an interest in land to the
Acquiring Authority; A person whose interest in land is depreciated
in value, although no part of it is acquired - usually arises under
Land Compensation Act 1973 - Part I (as amended); A person who is
displaced from a dwelling on land compulsorily acquired and in some
cases a person who is displaced from lawful possession of any land
acquired under compulsory powers but has not personally any compensatable
interest in the said land.
From the above it can be seen that the Compensation
Code is indeed specialised in nature -claimants will usually have
their fees paid by the Compensating Authority but we at Coles &
Company strongly urge you to take advice if you feel you may be
eligible under any of the above mentioned categories.
Purchase Notices and Blight Notices
It is also worth mentioning that there are circumstances
where Government Departments and Local Authorities may be compelled
to purchase land, rights in/over land etc. in response to the service
of a Purchase or Blight Notice depending on the circumstances of
the particular case.
For further help and guidance contact
Norman Coles FNAEA or Peter Gerdes MRICS on Maidstone
01622 763322.
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