Hertfordshire CC v Ozanne and others
Hertfordshire CC v Ozanne and others
- 1991
- Weekly Law Reports 1991 WLR 105-119(10) .
HL 14 February 1991. Appeal by Hertfordshire CC (H) against a CA decision (Abstract 41679) covering the assessment of value of land acquired by a compulsory purchase order for highway improvements . The claimants Ozanne and others (O) referred their claim for compensation to LT, claiming that as the land had been acquired for residential development thus enhancing its value . LT determined compensation of £1,240,000 as against the agreed agricultural value of the land at £5,500 on the grounds that it was a ransom strip . H appealed to CA claiming that the LT had not observed the Pointe Gourde principle or properly applied Land Compensation Act s5 Rule 3 . CA referred the case back to the LT but agreed that Rule 3 did not apply. H applied for leave to appeal to the HL. HL held that under the Land Compensation Act 1961 s5(3), the special suitability of land for a purpose was only to be disregarded in assessing compensation for compulsory purchase if the statutory powers in pursuance of
ACCESS
FARMLAND
LAND VALUES
HL 14 February 1991. Appeal by Hertfordshire CC (H) against a CA decision (Abstract 41679) covering the assessment of value of land acquired by a compulsory purchase order for highway improvements . The claimants Ozanne and others (O) referred their claim for compensation to LT, claiming that as the land had been acquired for residential development thus enhancing its value . LT determined compensation of £1,240,000 as against the agreed agricultural value of the land at £5,500 on the grounds that it was a ransom strip . H appealed to CA claiming that the LT had not observed the Pointe Gourde principle or properly applied Land Compensation Act s5 Rule 3 . CA referred the case back to the LT but agreed that Rule 3 did not apply. H applied for leave to appeal to the HL. HL held that under the Land Compensation Act 1961 s5(3), the special suitability of land for a purpose was only to be disregarded in assessing compensation for compulsory purchase if the statutory powers in pursuance of
ACCESS
FARMLAND
LAND VALUES