Part I Compulsory Purchase under Acquisition of Land Act of 1946
Compulsory Purchase
F14 Time limit for giving notice to treat.
A notice to treat may not be served by the acquiring authority after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative.
F24AExtension of time limit during challenge
(1)
If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4 is to be extended by—
(a)
a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or
(b)
if shorter, one year.
(2)
An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application—
(a)
could be brought (ignoring any possibility of an appeal out of time with permission), or
(b)
has been made and not withdrawn or finally determined.
5 Notice to treat, and untraced owners.
(1)
When the acquiring authority require to purchase any of the land subject to compulsory purchase, they shall give notice (hereafter in this Act referred to as a “notice to treat”) to all the persons interested in, or having power to sell and convey or release, the land, so far as known to the acquiring authority after making diligent inquiry.
(2)
Every notice to treat—
(a)
shall give particulars of the land to which the notice relates,
(b)
shall demand particulars of the recipient’s estate and interest in the land, and of the claim made by him in respect of the land, and
(c)
shall state that the acquiring authority are willing to treat for the purchase of the land, and as to the compensation to be made for the damage which may be sustained by reason of the execution of the works.
F3(2ZA)
For provision about notice of claims for compensation, see sections 4 and 4A of the Land Compensation Act 1961.
F4(2A)
A notice to treat shall cease to have effect at the end of the period of three years beginning with the date on which it is served unless—
(a)
the compensation has been agreed or awarded or has been paid or paid into court,
(b)
a general vesting declaration has been executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981,
(c)
the acquiring authority have entered on and taken possession of the land specified in the notice, or
(d)
the question of compensation has been referred to the F5Upper Tribunal.
(2B)
If the person interested in the land, or having power to sell and convey or release it, and the acquiring authority agree to extend the period referred to in subsection (2A) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—
(a)
any of the events referred to in that subsection have then taken place, or
(b)
the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).
(2C)
Where a notice to treat ceases to have effect by virtue of subsection (2A) or (2B) of this section, the acquiring authority—
(a)
shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2B) of this section, and
(b)
shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.
(2D)
The amount of any compensation payable under subsection (2C) shall, in default of agreement, be determined by the F6Upper Tribunal.
(2E)
Compensation payable to any person under subsection (2C) shall carry interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the date on which he was entitled to to be given notice under that subsection until payment.
(3)
Schedule 2 to this Act (which relates to absent or untraced owners) shall have effect for the purposes of this Act.
6 Reference to F7Upper Tribunal.
If a person served with a notice to treat does not within twenty-one days from the service of the notice state the particulars of his claim or treat with the acquiring authority in respect of his claim, or if he and the acquiring authority do not agree as to the amount of compensation to be paid by the acquiring authority for the interest belonging to him, or which he has power to sell, or for any damage which may be sustained by him by reason of the execution of the works, the question of disputed compensation shall be referred to the F7Upper Tribunal.
7 Measure of compensation in case of severance.
In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the value of the land to be purchased by the acquiring authority, but also to the damage, if any, to be sustained by the owner of the land by reason of the severing of the land purchased from the other land of the owner, or otherwise injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.
8 Other provisions as to divided land.
F8(1)
Schedule 2A makes provision in respect of a proposal by an acquiring authority to acquire part only of a—
(a)
house, building or factory, or
(b)
park or garden belonging to a house.
(2)
If any land which is not situated in a town or built upon is cut through and divided by the works so as to leave, either on both sides of the works, or on one side, a quantity of land which is less than half an acre, the owner of the land may require the acquiring authority to purchase the land along with the land subject to compulsory purchase:
Provided that this subsection shall not apply if the owner has other land adjoining the land so left into which it can be thrown so as to be conveniently occupied with it, and in that case the acquiring authority shall, if so required by the owner, at their own expense throw the piece of land so left into the adjoining land by removing the fences and levelling the sites thereof, and by soiling it in a satisfactory and workmanlike manner.
(3)
If the owner of any land cut through and divided by the works requires the acquiring authority under the provisions of the special Act to make any bridge, culvert or other communication between the land so divided, and—
(a)
the land is so cut through and divided as to leave, either on both sides or on one side, a quantity of land which is less than half an acre, or which is of less value than the expense of making the communication between the divided land, and
(b)
the owner has not other land adjoining that piece of land,
the acquiring authority may require the owner to sell them the piece of land.
Any dispute as to the value of the piece of land, or as to the expense of making a communication between the divided land shall be determined by the F9Upper Tribunal, and either party to proceedings for determining the compensation to be paid for the land acquired may require the F9Upper Tribunal to make F10its determination under this subsection in those proceedings.