Highways Act 1980

239 Acquisition of land for construction, improvement etc. of highway: general powers. E+W

(1) Subject to section 249 below, the Minister[F1 or a strategic highways company ] may acquire land required for the construction of a trunk road, and any highway authority may acquire land required for the construction of a highway which is to be a highway maintainable at the public expense, other than a trunk road.

(2) Subject to section 249 below, the Minister[F2 or a strategic highways company ] may acquire land which in his[F3 or its] opinion is required—

(a) for the carrying out of any works authorised by an order relating to a trunk road under section 14 above, or

(b) for the provision of buildings or facilities to be used in connection with the construction or maintenance of a trunk road other than a special road.

(3) Subject to section 249 below, a highway authority may acquire land required for the improvement of a highway, being an improvement which they are authorised by this Act to carry out in relation to the highway.

(4) Subject to section 249 below, a special road authority may acquire land which in the opinion of the authority is required—

(a) for the improvement of a highway which is included in the route of the special road but has not been transferred to the authority by means of an order under section 18 above,

(b) for the purposes of any order made in relation to the special road under section 18 above, or

(c) for the provision of service stations or other buildings or facilities to be used in connection with the construction of the special road or with the use or maintenance of it.

(5) Where a highway authority have acquired, or propose to acquire, in exercise of any of the powers conferred by subsections (1) to (4) above, land forming part of a common, open space, or fuel or field garden allotment, and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land under the subsection in question as if it were land required for the construction or improvement of a highway, and nothing in section 249 below applies to an acquisition by virtue of this subsection.

(6) A highway authority may acquire land required for the improvement or development of frontages to a highway for which they are the highway authority or of the land adjoining or adjacent to that highway.

Textual Amendments

F1 Words in s. 239(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 45(2); S.I. 2015/481, reg. 2(a)

F2 Words in s. 239(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 45(3)(a); S.I. 2015/481, reg. 2(a)

F3 Words in s. 239(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 45(3)(b); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C1 S. 239(1) functions exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(3), 11(e)

C2 S. 239(1)(2) functions exercisable jointly (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(2), 10(c)

C3 S. 239(3)(4)(c) applied (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 32(2)

C4 S. 239(3)(4)(5) functions exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(3), 11(f)

C5 S. 239(3)(4)(5) functions exercisable jointly (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(2), 10(d)

C6 S. 239(4)(c) extended (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 16(3)(with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3, Sch.