You may be hearing of compulsory land acquisition for the first time. However, this is a term you should be aware of especially if you have invested in land. If you have a property in the UK, it is essential to know the rights a government or statutory body has to your land. One of the rights is a compulsory land acquisition. This can be defined as a process where the government or a utility company acquires your property for infrastructural purposes. Ideally, the government has a right to buy your land if deemed necessary. However, there is a process that should be followed to safeguard the rights of the landowner. Here are the five steps that should be followed for a compulsory land acquisition to be executed.
The first step is for the relevant authority to communicate to the landowner its intention to resume. A notice of intention to buy the land should be presented to the landowner, including any other party that may hold some stock in the land. The notice should include a period of time and place where any affected person may raise an objection. The notice will also state the exact piece of land to be acquired. The notice should be made public at the local authority and location of the property to notify other interested parties.
If you are not comfortable with the compulsory purchase compensation, you have a right to object. The objection should be made to the relevant authority within the specified time on the notice. The acquiring authority, based on your objection notice, may decide whether to continue with the project or not. It is, however, advisable that you involve a legal expert like Gerald Eve International Property at every stage of the acquisition process. Coming to an agreement would be the best thing for the interest of both parties.
In case the relevant authority overturns the objection, the statutory body is required by law to apply for permission to acquire the piece of land mentioned in the notice. This application should be made within 12 days after an objection has been overturned.
The application should include the land to be acquired, persons to be compensated, amount of compensation and the objections brought forward. The relevant authority will then look at the application and decide whether to continue with the acquisition.
If the relevant authority approves the process, a resumption agreement will be drafted. The document stipulates how the acquisition process will occur and the compensation agreement. Your legal expert should be briefed on how the acquiring authority plans to proceed with the acquisition.
One rule with the land acquisition is that the landowner must receive proper compensation for the acquired property. When calculating the compensation, the acquiring authority must consider the property market value plus any other depreciation that may occur to other attached properties such as buildings as a result of the public project to be undertaken.
Compulsory land acquisition cases are very complicated. This is the main reason you need to hire a competent and experienced claims lawyer. In such cases, your target should be to get the best compensation for the acquired property.