If freely negotiated purchases do not prove successful, Government Departments, Statutory Bodies and Local Authorities are frequently able to resort to the use of Compulsory Purchase Orders (CPO). Powers of compulsion derive from various Acts of Parliament depending on the circumstances, the framework for compulsory acquisition and compensation being mostly codified in the Land Compensation Acts 1961 and 1973 and the Compulsory Purchase Act of 1965. In many instances however, governmental bodies endeavour to purchase property by negotiation before resorting to a CPO.
However the approach, it is essential for land owners to obtain professional advice at as early a stage as possible by retaining an appropriate surveyor to ensure the best possible value and compensation is obtained.
Our compulsory purchase and compensation service operates throughout England and Wales and in the first instance our local specialist will discuss the background over phone before giving an indication of how fees will calculated and how these may be recovered under the Compensation Act.
High Speed 2 (HS2)
London to Birmingham rail link
Although the consultation process and the ensuing proposals are yet to be completed, many properties have already been blighted making it very difficult to sell especially in the current market. The Government has introduced, however, the Exceptional Hardship Scheme for property owners who can demonstrate that they have an urgent need to sell but have been unable to do so at a price comparable to the former market value since the announcement of the consultation process for the proposed route (see http://highspeedrail.dft.gov.uk ). The Government is also considering different options for discretionary support where land is not actually taken from owners for the scheme but the neighbouring owners are likely to be injuriously affected which will presumably extend to provisions of Section 14 of the Compulsory Purchase Act 1965.
Our local specialist surveyors along the route will be pleased to advise further.
Leader: Peter Swallow
or telephone Fay Collins on 0333 666 7777