Compulsory Purchase

  • J. R. Lewis


Sections 120 and 124 of the Local Government Act 1972 gives power to local authorities (principal authorities, parish councils and community councils) to enter into agreements to acquire land by purchase, lease or exchange for the purpose of any of their functions, or for the benefit, improvement or development of their areas. In such cases the land may be within or outside the area of the authority. Section 119 of the Town and Country Planning Act 1971 gives an almost equally widely-drawn power to purchase by agreement — the section states that a principal council may purchase land for the development or re-development of any adjacent land, and the council may buy land for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.


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  1. 1.
    Subject to certain provisos. The relevant sections are sections 214 to 225 of the 1959 Act and sections 44 to 56 of the 1971 Act.Google Scholar
  2. 2.
    The Code is found in the Third Schedule to the Act. There are certain other exceptions to the 1946 Act procedures; for instance acquisition under the New Towns Act 1965 and under the Pipe-lines Act 1962.Google Scholar
  3. 3.
    In Lazarus Estates Ltd v. Beasley, [1956] 1 Q.B. 702, p. 712.Google Scholar
  4. 4.
    Birmingham Corporation v. West Midland Baptist (Trust) Association (Inc.), [1970] A.C. 874Google Scholar
  5. 5.
    Section 11, Compulsory Purchase Act 1965; and see section 32, Land Compensation Act 1961.Google Scholar

Copyright information

© J. R. Lewis 1976

Authors and Affiliations

  • J. R. Lewis
    • 1
  1. 1.Inner Temple, Barrister-at-lawUK

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