Land Compensation (Scotland) Act 1973

74 Blight notice requiring purchase of whole agricultural unit.S

(1)Where a blight notice is served in respect of an interest in the whole or part of an agricultural unit and on the date of service that unit or part contains land (hereafter referred to as “the unaffected area”) which does not fall within any of the specified descriptions as well as land (hereafter referred to as “the affected area”) which does so, the claimant may include in the notice—

(a)a claim that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and

(b)a requirement that the appropriate authority shall purchase his interest in the whole of the unit or, as the case may be, in the whole of the part of it to which the notice relates.

(2)Subject to section 75(3) below, “other relevant land” in subsection (1) above means—

(a)land comprised in the remainder of the agricultural unit if the blight notice is served only in respect of part of it;

(b)land comprised in any other agricultural unit occupied by the claimant on the date of service, being land in respect of which he is then entitled to an owner’s interest as defined in section 192(4) of the Act of 1972.

[F1(3)This section shall have effect where the blight notice is served by a crofter or cottar as if for subsection (1)(b) there were substituted the following paragraph—

(b)a requirement that the appropriate authority shall take possession of the whole of the unit or, as the case may be, the whole of the part of it to which the notice relates.]