Under consideration
Bosworth, J.
Under consideration - 2001 - Estates Gazette (0126) 30 June 2001, 158(1) .
Looks at the Local Government Act 1972 s123 which places a statutory duty on local authorities to obtain the best price for land, except where the SoS gives consent for a disposal at undervalue. An aggrieved party may even submit a higher bid under s123 after a local authority has decided to dispose of the land to the highest bidder, although it may be rejected under para 5 of the general consents contained in the Act. The local authority is also under no obligation to dispose of the land if it does not wish to do so, but if a challenge is brought for failure to comply with s123 then the purchaser is only protected, under s128(2) of the Act, where the sale or transfer has been completed.
DISPOSAL OF LAND
LOCAL AUTHORITIES
LOCAL AUTHORITY LAND
LOCAL GOVERNMENT ACT 1972 S123
LOCAL GOVERNMENT ACT 1972 S128(2)
STATUTORY DUTY
UNDERVALUE
Under consideration - 2001 - Estates Gazette (0126) 30 June 2001, 158(1) .
Looks at the Local Government Act 1972 s123 which places a statutory duty on local authorities to obtain the best price for land, except where the SoS gives consent for a disposal at undervalue. An aggrieved party may even submit a higher bid under s123 after a local authority has decided to dispose of the land to the highest bidder, although it may be rejected under para 5 of the general consents contained in the Act. The local authority is also under no obligation to dispose of the land if it does not wish to do so, but if a challenge is brought for failure to comply with s123 then the purchaser is only protected, under s128(2) of the Act, where the sale or transfer has been completed.
DISPOSAL OF LAND
LOCAL AUTHORITIES
LOCAL AUTHORITY LAND
LOCAL GOVERNMENT ACT 1972 S123
LOCAL GOVERNMENT ACT 1972 S128(2)
STATUTORY DUTY
UNDERVALUE