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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.
Increased global demand for land posits the need for well-designed country-level land policies to protect long-held rights, facilitate land access and address any constraints that land policy may pose for broader growth. While the implementation of land reforms can be a lengthy process, the need to swiftly identify key land policy challenges and devise responses that allow the monitoring of progress, in a way that minimizes conflicts and supports broader development goals, is clear. The Land Governance Assessment Framework (LGAF) makes a substantive contribution to the land sector by providing a quick and innovative tool to monitor land governance at the country level. The LGAF offers a comprehensive diagnostic tool that covers five main areas for policy intervention: Legal and institutional framework; Land use planning, management and taxation; Management of public land; Public provision of land information; and Dispute resolution and conflict management. The LGAF assesses these areas through a set of detailed indicators that are rated on a scale of pre-coded statements (from lack of good governance to good practice). While land governance can be highly technical in nature and tends to be addressed in a partial and sporadic manner, the LGAF posits a tool for a comprehensive assessment, taking into account the broad range of issues that land governance encompasses, while enabling those unfamiliar with land to grasp its full complexity. The LGAF will make it possible for policymakers to make sense of the technical levels of the land sector, benchmark governance, identify areas that require further attention and monitor progress. It is intended to assist countries in prioritizing reforms in the land sector by providing a holistic diagnostic review that can inform policy dialogue in a clear and targeted manner. In addition to presenting the LGAF tool, this book includes detailed case studies on its implementation in five selected countries: Peru, the Kyrgyz Republic, Ethiopia, Indonesia and Tanzania.
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.
As urbanization progresses at a remarkable pace, policy makers and analysts come to understand and agree on key features that will make this process more efficient and inclusive, leading to gains in the welfare of citizens. Drawing on insights from economic geography and two centuries of experience in developed countries, the World Bank’s World Development Report 2009: Reshaping Economic Geography emphasizes key aspects that are fundamental to ensuring an efficient rural-urban transformation. Critical among these are land, as the most important resource, and well-functioning land markets. Regardless of the stage of urbanization, flexible and forward-looking institu- ons that help the efficient functioning of land markets are the bedrock of succe- ful urbanization strategies. In particular, institutional arrangements for allocating land rights and for managing and regulating land use have significant implica- ons for how cities deliver agglomeration economies and improve the welfare of their residents. Property rights, well-functioning land markets, and the management and servicing of land required to accommodate urban expansion and provide trunk infrastructure are all topics that arise as regions progress from incipient urbani- tion to medium and high density.
Setting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. This title is included in Bloomsbury Professional's Local Government Law online service.
Compulsory Purchase and Compensation in Ireland comprises a comprehensive inventory of compulsory purchase powers by various State and semi-State bodies in Ireland, together with a detailed and practical analysis of the law of compensation in respect of compulsory purchase. Divided into two highly practical sections, this 2nd edition key title provides the busy practitioner with a comprehensive guide to the complex subject of compulsory purchase and compensation. Drawing on a wealth of learning and experience, the author will unravel the intricacies of the present law and practice, and clearly present the advice and guidance legal practitioners working in this area will require. Part one deals with the voluminous statute law governing compulsory purchase powers and procedures. Part two covers the equally important topic of assessment of compensation. A must-have book for all practitioners specialising in property and land law.