Compulsory purchase order
Encyclopedia
A compulsory purchase order (CPO) is a legal function in the United Kingdom
and the Republic of Ireland
that allows certain bodies which need to obtain land or property to do so without the consent of the owner. It may be enforced if a proposed development is considered one for public betterment - for example - when building motorways where a land owner does not want to sell. Similarly, if town council
s wish to develop a town centre, they may issue compulsory purchase orders.
In the Republic of Ireland, CPOs are quite common due to the massive road upgrade programme under the National Development Plan
. CPOs are also used for rail projects. If a person objects to the issuing of a CPO, they may appeal to the High Court.
In the United Kingdom, most Orders are made as subordinate legislation under powers given to Local Authorities in existing legislation (e.g. an Order for road works is made under the Highways Act 1980). Whilst the powers are strong the Authority must demonstrate that the taking of the land is necessary and there is a "compelling case in the public interest". Owners or occupiers can challenge this, and their objection will be heard by an independent Inspector.
Compensation rights usually include the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Costs of professional advice regarding compensation are usually reimbursed by the Authority, so that people affected by a compulsory purchase order can seek advice from a solicitor
and a surveyor
and expect to be reimbursed.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
that allows certain bodies which need to obtain land or property to do so without the consent of the owner. It may be enforced if a proposed development is considered one for public betterment - for example - when building motorways where a land owner does not want to sell. Similarly, if town council
Town council
A town council is a democratically elected form of government for small municipalities or civil parishes. A council may serve as both the representative and executive branch....
s wish to develop a town centre, they may issue compulsory purchase orders.
In the Republic of Ireland, CPOs are quite common due to the massive road upgrade programme under the National Development Plan
National Development Plan
National Development Plan is the title given by the Irish Government to a scheme of organised large-scale expenditure on national infrastructure. The period covered by the seven year plan runs from 2000 to 2006. A second National Development Plan is currently in progress and is due to run until...
. CPOs are also used for rail projects. If a person objects to the issuing of a CPO, they may appeal to the High Court.
In the United Kingdom, most Orders are made as subordinate legislation under powers given to Local Authorities in existing legislation (e.g. an Order for road works is made under the Highways Act 1980). Whilst the powers are strong the Authority must demonstrate that the taking of the land is necessary and there is a "compelling case in the public interest". Owners or occupiers can challenge this, and their objection will be heard by an independent Inspector.
Compensation rights usually include the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Costs of professional advice regarding compensation are usually reimbursed by the Authority, so that people affected by a compulsory purchase order can seek advice from a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
and a surveyor
Surveying
See Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
and expect to be reimbursed.
See also
- Eminent domainEminent domainEminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
(USA) - ExpropriationEminent domainEminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
(CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
) - Taking