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Hertfordshire CC v Ozanne and others

Language: English Series: Weekly Law Reports ; 1991 WLR 105-119(10)Publication details: 1991Subject(s): Summary: 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
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Law report London Journal article ABS44237 (Browse shelf(Opens below)) 1 Available 46030-1001

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