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Government
Departments, Regional Development Agencies, Local Authorities
and Utility Companies, to name but a few, all have statutory
powers to compulsorily purchase land or rights over land.
Many important schemes for urban regeneration, pipelines,
roads and other civil engineering projects require the exercise
of such powers.
With most Partners having worked in
both the public and private sectors, the firm has an unrivalled
collective experience in the law and practice of compulsory
purchase from 'both sides of the fence', including:
Sound knowledge of the various and often detailed statutory
procedures
Provision of advice to those considering compulsory
purchase
Preparation of objections to Compulsory Purchase Orders
and the like
Representation on behalf of objectors at CPO inquiries
Negotiation of scheme improvements and accommodation
works
Preparation and negotiation of compensation claims
Resolution of compensation disputes at the Lands Tribunal
Compulsory
Purchase Consultancy
When acting for clients whose property
interests face compulsory acquisition, P Wilson & Company
will always seek ways in which clients can best protect their
interests and, where possible, identify opportunities of which
clients might take advantage.
When acting for acquiring authorities,
P Wilson & Company can adopt a proactive approach where
it is the clients' best interest. This may include negotiating
the purchase of property interests by agreement, advising
on scheme improvements and accommodation works in order to
mitigate adverse effects and resulting compensation without
the expense of compulsory powers, as well as being able to
offer a project liaison service (see Project Delivery).
Where land that was compulsorily purchased
is no longer needed by the acquiring authority, there are
procedures by which the land can be offered back to the previous
owners; known as 'Crichel Down Rules'. P Wilson & Company
has successfully navigated these complicated and often overlooked
procedures to the benefit of clients.
Compensation
With the exercise of compulsory
purchase powers comes the right for those whose property interests
are affected to claim compensation. This is a specialist area
of valuation practice and requires a thorough knowledge of
relevant statute and case law.
Whether preparing, submitting
or negotiating compensation claims on behalf of claimants,
or negotiating claims on behalf of acquiring authorities,
the expertise and experience which partners in P Wilson &
Company have gained in numerous Compulsory Purchase Schemes
of different types over the years, will be employed to the
best interests of the client.
Where compensation claims fail to be
settled by negotiation, a reference to the Lands Tribunal
may well be necessary. We can case manage such a reference
or provide expert valuation evidence as necessary.
Utility
Easements and Wayleaves
We provide a complete service to
landowners and occupiers onto whose property Utility Companies
and others take statutory rights of entry for the construction
of pipelines, sewers, electricity powerlines and the like,
including:
Pre-contract negotiations regarding Access Routes and Accommodation
Works
Pre-entry Records of Condition
'Troubleshooting' during the construction phase
Reinstatement works
Preparation, submission and negotiation of compensation
claims
Lands Tribunal or arbitration appearances
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