The success of major works like roads or railways can demand that the public interest is put ahead of the rights of private landowners. Compulsory purchase lets this happen by giving powers to public bodies like the Scottish Government or local authorities to take property without the owner’s consent.

Owners, however, have a right to compensation for their loss. We have considerable expertise in this area of law and of the Statutory Compensation Code, which consists of case law and statutes, regulating who should be compensated and on what basis. 

We can guide you through the complexities of compensation rights – which relate to the value of the land taken and the depreciation of any remaining land caused by severance and other injurious affection. 

The most frequently used compulsory purchase powers are those available to local authorities under the Town and Country Planning (Scotland) Act 1997 or the Roads (Scotland) Act 1984.  You (the landowner) and others can object to a compulsory purchase order and may request a public local inquiry, an area in which we can advise.

Another route to compulsory purchase is through private legislation as happened with the recent Stirling-Alloa-Kincardine Railway, the Waverley (Borders) Railway, and the Glasgow Airport Rail Link and Airdrie to Bathgate Railway. Such legislation applies the Statutory Compensation Code. Again compensation is due and if there is a disagreement over the amount we can help – even when that demands going to the Lands Tribunal for Scotland for a ruling. 

For more information please contact Alastair Mckie.