A compulsory purchase order (CPO; , ) is a legal function in the United Kingdom and
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
that allows certain bodies to obtain land or property without the consent of the owner. It may be enforced if a proposed development is considered one for public betterment; for example, when building
motorway
A controlled-access highway is a type of highway that has been designed for high-speed vehicular traffic, with all traffic flow—ingress and egress—regulated. Common English terms are freeway, motorway, and expressway. Other similar terms ...
s where a landowner does not want to sell. Similarly, if
town council
A town council, city council or municipal council is a form of local government for small municipalities.
Usage of the term varies under different jurisdictions.
Republic of Ireland
In 2002, 49 urban district councils and 26 town commissi ...
s wish to develop a town centre, they may issue compulsory purchase orders. CPOs can also be used to acquire historic buildings in order to preserve them from neglect.
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
A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
and a
surveyor and expect to be reimbursed.
Ireland
In Ireland, CPOs became quite common in the early 21st century due to the massive road upgrade programme under the
National Development Plan. CPOs are also used for railway or
greenway projects. If one objects to the issuing of a CPO, one may appeal to the
High Court.
Compensation is available to ensure that the person is restored, as far as possible, to the financial position they were in before the land and property were compulsorily purchased.
United Kingdom
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
The Highways Act 1980 (c. 66) is an act of Parliament (UK), act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces ...
). 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.
See also
*
Compulsory purchase in England and Wales
*
Compulsory Purchase Act 1965
*
English land law
*
Compulsory purchase laws in Scotland
*
Eminent domain
Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...
* ''
The Lonely Battle of Thomas Reid''
References
English property law
Property law of Ireland
Scots property law
Eminent domain
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