Compulsory purchase order
A compulsory purchase order (CPO) is a legal function in the United Kingdom and Ireland that allows certain bodies which need to obtain land or property to do so without the consent of the owner. It may be enforced if a proposed development is considered one for public betterment; for example, when building motorways where a land owner does not want to sell. Similarly, if town councils wish to develop a town centre, they may issue compulsory purchase orders.
In Ireland, CPOs became quite common due to the massive road upgrade programme under the National Development Plan. CPOs are also used for rail projects. If one objects to the issuing of a CPO, one may appeal to the High Court.[1] Compensation is available to ensure that the person is restored, as far as possible, to the same position that they were in before the land and property were compulsorily purchased, so that the person is left in the same financial position after the CPO as they were in before the process.[2]
In the United Kingdom, most Orders are made as subordinate legislation under powers given to Local Authorities in existing legislation (e.g. an Order for road works is made under the Highways Act 1980). Whilst the powers are strong, the Authority must demonstrate that the taking of the land is necessary and there is a "compelling case in the public interest". Owners or occupiers can challenge this, and their objection will be heard by an independent Inspector.
Compensation rights usually include the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Costs of professional advice regarding compensation are usually reimbursed by the Authority, so that people affected by a compulsory purchase order can seek advice from a solicitor and a surveyor and expect to be reimbursed.
See also
- Compulsory purchase in England and Wales
- Eminent domain (United States)
- Expropriation (Canada)
- Taking