Compulsory purchase order
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Compulsory purchase order (CPO) is a legal function in the United Kingdom, and also in the Republic of Ireland. It is, more specifically, a Private Act—it allows certain bodies which need to obtain land or property to do so—without the consent of the owner. It may be used when building motorways where a land owner does not want to sell, they may be given a compulsory purchase order. Similarly, if town councils wish to develop a town centre—they may hand out compulsory purchase orders.
In the Republic of Ireland, CPOs are quite common, due to the massive road upgrade programme under the National Development Plan. CPOs are also used for rail projects.
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In the UK 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 / occupiers can challenge this and their objection heard by an independent Inspector.
Compensation rights usually include the value of the property, costs of acquiring and moving to a new property plus sometimes additiona payments. Costs of professional advice regarding compensation are also usually reimbursed by the Authority and therefore anyone affected by a compulsory purchase order is advised to seek advice froma solicitor and a surveyor as soon as possible.
