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“Blind belief in authority is the greatest enemy of truth.”
― Albert Einstein
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Compulsory Purchase Order's (CPO)
they may issue compulsory purchase orders. If a person objects to the issuing of a CPO, they may appeal to the High Court. In the United Kingdom, most Orders are made as subordinate legislation under powers given to Local Authorities in existing legislation (e.g. an Order for road works is made under the Highways Act 1980). Whilst the powers are strong the Authority must demonstrate that the taking of the land is necessary and there is a "compelling case in the public interest". Owners or occupiers can challenge this, and their objection will be heard by an independent Inspector.
Compensation rights Source: liverpool.gov.uk Compensation rights usually include the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Costs of professional advice regarding compensation are usually reimbursed by the Authority, so that people affected by a compulsory purchase order can seek advice from a solicitor and a surveyor and expect to be reimbursed. What if I don't want to sell, will you use Compulsory Purchase Orders? Source: liverpool.gov.uk If your property lies within an area that has been identified for demolition then in the first instance we will seek to purchase your property in agreement with you by negotiating a price. If, however, you still do not wish to sell then the Council may exercise its Compulsory Purchase Powers in order to purchase the property at so we can assemble the sites to enable the regeneration of the area to take place. We will only begin a Compulsory Purchase Order as a last resort. Every effort will be made to negotiate with all owners and occupiers and acquire properties by agreement first. Even if a CPO is made, we can still and will negotiate with you. The market value of your property is unaffected by whether there is a CPO in place; our offer to buy businesses and commercial properties is the same as it would be under a CPO, which means that you will be eligible to receive the same compensation package. There is no financial advantage in waiting for a CPO. What if I want to object to the CPO? Source: liverpool.gov.uk Should we make a CPO then you have the right to formally object. Ultimately, a Government appointed inspector will consider your objection at an Inquiry unless your objection is based solely on the purchase price for your business / commercial property. If we intend to include your property within a CPO, we will always make every effort to consult and engage with you before this happens. There are a number of stages in the CPO process and you will be contacted in writing in advance of us making the CPO. We make the CPO by seeking a resolution from our Executive Board and then submitting it to the Government for confirmation. At this stage we will serve a written notice on everyone who has an interest in the land or property to be acquired and notices will be placed in the press. The notices will set out how to make an objection. If objections are received, the government minister may decide to hold a public local inquiry to hear all the relevant information and decide whether to approve the order. Downloadable CPO Booklets Compulsory purchase and compensation booklet 1: compulsory purchase procedure Compulsory purchase and compensation booklet 2: compensation to business owners and occupiers Compulsory purchase and compensation booklet 3: compensation to agricultural owners and occupiers Compulsory purchase and compensation booklet 4: compensation to residential owners and occupiers Compulsory purchase and compensation booklet 5: reducing the adverse effects of public development - mitigation works www.communities.gov.uk |
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Copyright © 2012 The Triangle. All rights reserved. The Triangle website is non-funded and non-profit generating