C3Part XII Acquisition, Vesting and Transfer of Land etc.
Acquisition of land generally
239 Acquisition of land for construction, improvement etc. of highway: general powers.
1
Subject to section 249 below, the Minister 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 may acquire land which in his 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.
C13
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
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.
Pt. XII (ss. 238–271) applied by SI 1986/564, art. 4(2)(a)