Legal Definitions - compulsory purchase

Compulsory purchase refers to the legal power held by a government or a public body to acquire private land or property for public use, even if the owner is unwilling to sell. This power is exercised under specific legal frameworks and always requires the payment of fair market value, known as "just compensation," to the property owner. It is a fundamental aspect of sovereign power, allowing for the development of essential public infrastructure and services that benefit the wider community.

• Example 1: New Road Construction

  A regional government plans to construct a new highway bypass around a congested city to improve traffic flow and reduce travel times. The proposed route for this highway passes directly through several privately owned residential properties and a small business park.

  Illustration: In this scenario, the government can invoke its compulsory purchase powers to acquire these properties. Even if the homeowners and business owners do not wish to sell, the government can legally take possession of their land to build the highway, provided it follows all legal procedures, demonstrates the public benefit of the project, and pays the owners fair market value for their properties and any associated losses.

• Example 2: Urban Regeneration Project

  A city council identifies a dilapidated industrial area as a prime location for a new public park, community center, and affordable housing development, aiming to revitalize the neighborhood. The land is currently owned by several different private entities, some of whom are reluctant to sell due to future development plans of their own.

  Illustration: The city council can use compulsory purchase to acquire the various parcels of land within the designated industrial area. This allows the council to consolidate the land for the comprehensive regeneration project, even if some private owners would prefer to retain their property. The council must ensure that all affected owners receive just compensation for their acquired land.

• Example 3: Essential Utility Infrastructure

  A national electricity grid operator needs to upgrade its transmission network by installing new high-voltage power lines to ensure a stable and reliable electricity supply for a growing region. The most direct and technically feasible route for these power lines crosses a section of privately owned agricultural land.

  Illustration: The electricity operator, often granted specific compulsory purchase powers for critical infrastructure, can acquire the necessary easements or strips of land across the agricultural property. This allows them to erect the power lines and associated pylons, even if the farmer prefers not to have them on their land. The operator must compensate the farmer for the value of the land taken and any impact on their farming operations.