CLA: reform of compulsory purchase urgently needed
The compulsory purchase system should be reformed to deliver a “fairer balance” for rural landowners, said the Country Land and Business Association.
Current laws means compulsory purchase orders can be altered after they are agreed, and landowners have complained of not receiving the money they are owed in good time.
“There are few business relationships that are as unfair as compulsory purchase, which all too often ends in bitter disputes,” said CLA president Harry Cotterell.
“Rural landowners suffer doubly, having their land compulsorily purchased and then having to live with the consequences, often for generations.
“Our proposals would deliver a fairer balance between the interests of all parties, reducing conflict and delay and leading to better projects that take into account the impact on those affected and mitigate them better.”
Part of the proposals outlined by the CLA in their report Fair Play: CLA vision for reform of the compulsory purchase system, included acquirers having a duty of care to sellers.
The duty of care proposed by the CLA included:
- acting fairly
- consulting claimants and their immediate neighbours before and during acquisition
- minimising the impact on claimants and immediate neighbours
- recognising the special position of, and consulting with, the land managers remaining at or beside the project’s site after the scheme’s completion
- acting transparently in negotiations over accommodation works including fences, bridges, underpasses, gates and other mitigation measures provided by an acquirer
- maintaining and providing up-to-date contact details for ongoing management issues involving the scheme and providing other relevant “aftercare”
- ensuring effective dispute resolution
- indemnifying claimants against losses caused by acquirers, their agents, staff, contractors and sub-contractors; and
- paying compensation promptly.