Compulsory Purchase and Compensation


Book Description

Compulsory Purchase and Compensation remains the essential guide to this complex and increasingly relevant area of the law. Now in its 12th edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The book is also especially suited to those coming to this complex subject without a specific background in the law and is ideal reading for those students taking planning and built environment modules. Surveyors in particular will find this book invaluable. Whilst this new edition picks up the very many decisions of the Upper Tribunal and the higher courts since the 11th edition, the principal piece of new legislation is the Levelling-up and Regeneration Act 2023. One of the controversial provisions in the 2023 Act is the power to include in a compulsory purchase order a direction, the effect of which is that in relation to certain limited purposes, compensation shall be assessed on the basis that no planning permission would be granted for development on the relevant land; in effect, no hope value and only existing use values would be paid.




Encyclopedia of Compulsory Purchase and Compensation


Book Description

Sweet & Maxwell's annual White Book Service can be customized to meet the civil procedural needs of all civil litigators - whatever their area of practice and whichever the court. Readers can choose the service options which best meet their exact requirements, in print, on CD-ROM or online




Compulsory Purchase and Compensation


Book Description

This work covers all the relevant law relating to compulsory purchase and compensation, in a practical and straightforward way, incorporating extensive references to authority and academic research. Based on a title by Jeremy Rowan-Robinson which deals with the Scottish position, it discusses the origins and development of the legislation and case law, as well as providing an analysis of the relevant provisions and their implementation.




The Law of Compulsory Purchase and Compensation


Book Description

This book is a statement of the current law of compulsory purchase of land and compensation for that purchase. It covers all major aspects of the procedure for the compulsory acquisition of land and deals in full detail with all aspects of the law of compensation for such an acquisition. The many and diverse statutory provisions are organised into a series of chapters containing all principles and rules and there is a full analysis and explanation of the leading authorities on the subject and the principles derived from those authorities without which the subject cannot be understood. The aim of the book is, not only to explain the statutory provisions and to organise the various possible claims for compensation into different heads, but also to explain and analyse the substantial body of case law which has built up, particularly in recent years, and the relationship between that body of law and the underlying statutory provisions. The book also attempts to explain the purpose of the statutory provisions and the reason for the rules that are derived from the authorities. Chapters of the book are devoted to the procedure for formulating and pursuing a claim for compensation and to the valuation principles which must be applied in advancing claims. An Appendix is provided by Mr Nicholas Eden FRICS, a leading valuer in the field, which contains examples of different types of compensation valuation with annotations as to how the valuations are prepared and built up. A further aim of the book is to provide, where possible, practical advice to public authorities and landowners involved in the process of compulsory purchase and compensation as well as to explain the legal principles.




Compulsory Property Acquisition for Urban Densification


Book Description

Densification has been a central method of achieving smart, sustainable cities across the world. This book explores international examples of the property rights tensions involved in attempting to develop denser, more sustainable cities through compulsory acquisition of property. The case studies from Europe, North America, eastern Asia and Australia show how well, or not, property rights have been recognised in each country. Chapters explore the significance of local legal frameworks and institutions in accommodating property rights in the densification process. In particular, the case studies address the following issues and more: Whether compulsory acquisition to increase densification is justified in practice and in theory The specific public benefits given for compulsory acquisition The role the development industry plays in facilitating, encouraging or promoting compulsory acquisition What compensation or offsets are offered for acquisition, and how are they funded? Is there a local or national history of compulsory property acquisition by government for a range of purposes? Is compulsory acquisition restricted to certain types or locations of densification? Where existing housing is acquired, are there obligations to provide alternative housing arrangements? The central aim of the book is to summarize international experiences of the extent to which property rights have or have not been protected in the use of compulsory property acquisition to achieve sustainable cities via urban densification. It is essential reading for all those interested in planning law, property rights, environmental law, urban studies, sustainable urban development and land use policy.




Statutory Valuations


Book Description

The fourth edition of Statutory Valuations has been completely revised and expanded and draws on the expertise of several new authors. The text reflects the effect of the considerable statutory changes over the ten years since the last edition. There are new chapters dealing with taxation (income tax, corporation tax, capital gains tax, inheritance tax, stamp duty land tax and VAT) and with rating and council tax. As in previous editions, there is full coverage of the valuation implications of regulation of the landlord and tenant relationship in commercial property; the impact of both the Rent Acts and leasehold reform on residential property; as well as comprehensive material on the background to, and assessment of, compulsory purchase and planning compensation. This book is designed both for students and practitioners and is a must-buy for anyone seeking a comprehensive analysis of the law relating to valuation as well as practical approaches to dealing with valuation problems. The clear concise narrative provides worked examples of valuations.




Country Frameworks for Development Displacement and Resettlement


Book Description

The problem of escalating population displacement demands global attention and country co-ordination. This book investigates the particular issue of development-induced displacement, whereby land is seized or restricted by the state for the purposes of development projects. Those displaced by these schemes often risk losses to their homes, livelihoods, food security, and socio-cultural support; for which they are rarely fully compensated. Bringing together 22 specialist researchers and practitioners from across the globe, this book provides a much-needed independent analysis of country frameworks for development-induced displacement spanning Asia, Africa, Central and South America. As global competition for land increases, public and private sector lenders are lightening their social safeguards, shifting the oversight for protecting the displaced to national law and regulations. This raises a central question: Do countries have effective ways of addressing the risks and lost opportunities for their people who are displaced? While many countries remain impervious to the problem, the book also shines a light on the few who are pioneering new legislation and strategies, intended to address questions such as: should the social costs to those displaced help determine whether a project meets the public interest and merits financing? Does the modern state need powers of eminent domain? How can country laws, systems, institutions and negotiations be reformed to protect citizens better against disempowering public and private sector development displacement? This book will interest those working on forced and voluntary migration, property and expropriation law, human rights, environmental and social impact assessment, internal and refugee displacement from conflicts, environment change, disasters and development.




Compulsory Purchase and Compensation


Book Description

Compulsory Purchase and Compensation is the essential guide to this complex and increasingly relevant area of the law. Now in its tenth edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The best-selling book on the subject, previous editions have been used by professionals and students alike in order to gain a full understanding of a key subject for any surveyor or lawyer. The book is also especially suited to those coming to this complex subject without a specific background in the law and ideal reading for those students taking planning and built environment law modules. Surveyors in particular will find this book invaluable. This new edition has been extensively revised, and reflects the Localism Act 2011 and other recent decisions of the courts and the Upper Tribunal, all of which will be of particular interest to those working on cases related to HS2, the proposed high-speed railway line from London to Birmingham, Leeds and Manchester.




Private Property and Takings Compensation


Book Description

This innovative volume offers a thorough breakdown of the issues surrounding takings compensation - payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation.