Services for Claimants - Compulsory Purchase & Compensation
“I regard it as a principle of our constitutional law that no citizen is to be deprived of his land by any public authority against his will unless it is expressly authorised by parliament and the public interest decisively so demands” Lord Denning MR, Prest v Secretary of State for Wales (1982).
Compulsory purchase is probably the most draconian power available to the state against an ordinary citizen. We all enjoy the benefits of infrastructure it provides, but for those who affected the process is typically drawn out, uncertain and frequently life changing. The specialist compulsory purchase surveyors in Carter Jonas' infrastructures team can guide claimants with expert advice to protect their interests through the process of government approval for a compulsory purchase order and to get full value from the compensation system.
Compulsory purchase and compensation law is complicated and antiquated. Some of the rules can appear to prejudice the claimant, and there is the risk that at the end of a difficult process they will not find themselves in a position of ‘equivalence’. Compulsory purchase claimants should therefore be under no illusion that their interests will be properly protected unless they take effective advice as early as possible. Acquiring authorities will always be supported by teams of specialist professionals and so should claimants be, particularly as their reasonable agent’s and legal fees will normally be paid by the authority.
At an initial free meeting we will explain our role in:
i. Objecting and petitioning draft compulsory purchase orders, Acts of Parliament, Transport and Work Act Orders and Development Consent Orders.
ii. Negotiate mitigation and accommodation works in advance of a public inquiry or examination process.
iii. Preparing cases and making representations at compulsory purchase hearings and public inquiries.
iv. Valuing and negotiating compensation claims.
v. Preparing references to the Upper Tribunal of the Lands Chamber where agreement cannot be reached.
vi. Advise on negotiations and procedure in the context of a Lands Chamber reference.
vii. Provide Expert evidence to the Lands Chamber.
Mark is part of the infrastructures team and his principal role is advising on compulsory purchase, compensation and valuation. He acts for claimants, who’s residential, commercial, agricultural or ...
Simon has over 13 years of professional expertise advising both acquiring authorities and claimants from the public and private sectors across transport, infrastructure and regeneration schemes. Clien...