Part IX Acquisition, Transfer, Vesting and Compensation

Acquisition

104 Acquisition of land for construction, improvement or protection of public roads etc.

1

Subject to section 109 of this Act, a roads authority may acquire land required—

a

in connection with the construction, improvement or protection of a public road under or by virtue of this Act; or

b

for the purpose—

i

of providing or improving a road which is to be provided or improved in pursuance of an order under F1section 202, 203 or 207 of the Town and Country Planning (Scotland) Act 1997; or

C1ii

of providing a public right of way which is to be provided as an alternative to a right of way extinguished under F1section 206(1)(a) or (b),

or for any other purpose for which land is required in connection with such an order as is mentioned in sub-paragraph (i) above.

2

Subject to section 109 of this Act, the Secretary of State may acquire land which is required in connection with—

a

the carrying out of any works authorised by an order relating to a trunk road under section 12 of this Act; or

b

the provision of buildings or facilities for the purposes of constructing, improving, maintaining or servicing a trunk road other than a special road.

3

Subject to section 109 of this Act, the special road authority may acquire land which is required—

a

in connection with the improvement of a road which is included in the route of a special road but has not been transferred to the authority by means of an order under section 9 of this Act,

b

for the purpose of any order made in relation to a special road under the said section 9, or

C2c

in connection with the provision of service stations or other buildings or facilities to be used in connection with a special road.

4

Where, in the exercise of any of the powers conferred by subsections (1) to (3) above or section 106 of this Act, a roads authority have acquired, or propose to acquire, land forming part of a common or open space, 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 as if it were land required by them in connection with the construction or improvement of a public road; and nothing in section 109 of this Act applies to an acquisition by virtue of this subsection.

5

In the foregoing provisions of this section any reference to—

a

a public road shall be construed as including a reference to a proposed public road;

b

a trunk road shall be construed as including a reference to a proposed public road which is to be a trunk road; and

c

a special road shall be construed as including a reference to a proposed public road which is to be a special road.