Highways Act 1980

240 Acquisition of land in connection with construction, improvement etc. of highway: further general powers. E+W

(1) Subject to section 249 below, a highway authority may acquire land which is required for, or for use by them in connection with, the carrying out of works authorised by section 129 above, or by an order relating to a classified road under section 14 above.

(2) Without prejudice to any other power conferred by this Act—

(a) a highway authority may acquire land which is required for use by them in connection with the construction or improvement of a highway, or with the carrying out of works authorised by an order relating to a trunk road under section 14 above or an order under section 18 or section 108(1) above; and

(b) any power of a highway authority under subsection (1) above or under any provision of this Part of this Act not contained in this section to acquire land for a purpose whose achievement involves the diversion of a navigable watercourse or the carrying out of works under section 110 above includes power to acquire land which is required for carrying out the diversion or, as the case may be, the works.

(3) Subject to section 249 below, the Minister[F1 or a strategic highways company] may acquire land which is required for the purpose of—

(a) providing a trunk road picnic area; or

(b) providing public sanitary conveniences in the exercise of his[F2 or its] powers under section 112(5) above.

(4) A local highway authority may acquire land which is required for the purpose of providing public sanitary conveniences in the exercise of their powers under section 114 above.

(5) Subject to section 249 below, a highway authority may acquire land which is required for the purpose of providing a lorry area in the exercise of their powers under section 115 above.

(6) Where, in exercise of any of the powers conferred by subsections (1) to (5) above, a highway authority have acquired, or propose to acquire, for any purpose 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.

Textual Amendments

F1 Words in s. 240(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 46(a); S.I. 2015/481, reg. 2(a)

F2 Words in s. 240(3)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 46(b); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C1 S. 240(1)(2)(a)(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(e)

C2 S. 240(1)(2)(a)(6) 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(g)