Compulsory Purchase Orders & Compensation

Use of compulsory purchase powers has become more common in recent years, due to the number of large scale infrastructure projects such as road building and the construction of new railway lines.

Morton Fraser has expertise in the use of these powers, in challenging the promotion of compulsory purchase orders, and in advising clients on their rights when a compulsory purchase order has been made.

In this area of the law, strict deadlines can apply.  Early professional advice is therefore essential.

We are frequently instructed to work with surveyors in the preparation and pursuit of compensation claims, whether for private individuals – and we have received many instructions in connection with the Waverley Railway line – or commercial developers.  This is not a straightforward area of the law; the compensation code which governs how compensation is calculated often requires specialist legal input.

We have particular expertise of making applications to the Lands Tribunal for Scotland, where objection has been taken to the severance of an owner’s land by the use of compulsory acquisition powers. 

We are also instructed in cases where land has been blighted in terms of the planning legislation and the owner wishes his land to be acquired and compensation to be paid.