Discussion paper on Compulsory Purchase in Scotland

The Scottish Law Commission has published a discussion paper on compulsory purchase which sets out current law and asks how it could be improved.

The law on compulsory purchase recognises that there will be circumstances where the public interest in a particular project will be more important than the individual’s right to peaceful ownership of his or her private property. This Discussion Paper sets out the current law on the matter, and asks questions about how it could be improved. It also deals with the question of compensation, with a view to ensuring that the owner of property receives proper recompense for his or her loss.

The paper suggests that there should be a new statute setting out the law so that everyone involved – public authorities, practitioners and landowners – can see clearly how the system works. It states that the essential problem is that the law on compulsory purchase is largely set out in legislation passed between the middle of the nineteenth century and the middle of the twentieth century. It is accordingly largely out of date.

RICSS and the Royal Town Planning Institute in Scotland strongly urged the Scottish Law Commission to review the law in this area. The consultation period will run until 19 June 2015.

Date: December 2014 Date of publication

Author: Scottish Government

DCP link: This section updates DCP section 4.516

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