Compulsory Purchase Procedures 101: What You Need to Know
If you have a piece of property and you think that your property is affected by a Compulsory Purchase Order, you need all the information you can get about the process – and, eventually, the compensation you can receive. A CPO is used by certain bodies, such as local authorities as well as the Highways Agency. But there are other authorities which can apply for a CPO from the Government Minister who has been specified in the Act. Various departments in government, development agencies for regions, corporations involved in urban development, and electricity or water utility companies can also apply for a CPO. A railway authority may also seek a CPO, although they have to apply for it through the Transport and Works Act (1992).
What to do if your property is affected by a Compulsory Purchase Order
Some landowners may be understandably confused about how a Compulsory Purchase Order process works, and this is hardly surprising. But if you know that your property is affected by a Compulsory Purchase Order, you first have to determine which authority is requesting to acquire it. Is it a utility company? Is it your local authority? Is it another government department? Once you have received an answer, you can get in touch with the authority and ask for the name of the individual who is responsible for the liaison. When you have spoken to this individual, you should ask them if there are any proposals for the compulsory acquisition of your property, and what stage or phase the procedure is in.
If, however, you are not sure who the authority is, you can get in touch with the council in your local area and ask if any proposals have been submitted for compulsory purchase or public works. The local departments which may be able to give you the information you need would be legal, estates, and planning.
The procedure
The first thing you have to remember about CPO procedures is this: Power will not be given to the acquire the land unless the relevenat Government Deprtament confirms their application. The Local Authority will likely contact you about acquiring the land first before they ask permission from the Government Department. If you do want to sell your land, it pays to contact your Local Authority early on.
In most cases, the only time the authority will apply for a CPO is if they cannot purchase the land from you (due to a disagreement about the price, for instance), or if it is not practical for them to do so. Whilst a CPO process has various phases, it is crucial for you to keep a clear and thorough record of your communications with the authority. Additionally, you should make sure that all your expenses and losses are accurately recorded, since you may get this back as compensation. Remember, however, that you may only get compensation for the losses and expenses you have accrued which are directly related to your property’s acquisition.
The process of Compulsory Purchase Compensation is comprised of different stages as well, and for this, you may need help from an expert in the CPO process and who has relevant experience regarding such. This is your property, after all, and you have your rights as well – and the compensation you receive can very well give you the excellent opportunity to start anew.
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