Compulsory Purchase Orders and Utilities

Batcheller Monkhouse works closely with those affected by Compulsory Purchase and Utilities Schemes to achieve the best possible outcome – whether or not any land is taken. As experts in this field, it is our objective to provide support throughout, and to make the claims process as straightforward as possible. Compulsory purchase claims are generally made up of three elements: the value of the property taken, loss payments and disturbance compensation.

Compulsory Purchase is the power to acquire rights, or to purchase privately owned land or property, for public use. As it is not reliant on the consent of landowners or occupiers (indeed it is often taken without consent), there is a statutory entitlement to compensation.

At Batcheller Monkhouse we have a great deal of experience in negotiating claims on behalf of clients, which includes both financial compensation packages as well as property improvements to mitigate against the effects of the new infrastructure. Over the past 50 years, there has been a large increase in claims arising on compulsory purchase. New infrastructure schemes and housing developments are still continuing despite financial cutbacks. Protecting landowners’ and occupiers’ interests requires prompt action, a strong working knowledge of this complicated area of law and a robust attitude to negotiations. Landowners and occupiers have the right to demand that they are financially in no worse position after the acquisition than they were before, we see this as our starting point. We will, in every case, seek to secure the best deal possible.

Our professional fees are usually indemnified and paid by the Acquiring Authority, so we can often act without cost to our clients. Early engagement is key, so if approached by an
Acquiring Authority contact us as soon as possible.

Casestudy – Widening the A23