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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.
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 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.
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.
Contains cases reported in the issues of The Estate gazette.
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