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McCarthy and McCarthy v Pendle BC [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: ACQ/76/2006. The Lands Tribunal had to determine the compensation payable by a local authority to the claimants following a compulsory purchase of a retail premises for development purposes. The property was located in a good secondary shopping area. The claimants were unable to find suitable alternative premises, so compensation was agreed on the basis of total extinguishment of the business. The parties did not agree on the value of the freehold interest and the basis for calculating this. Held: property valued on the basis of open market evidence (i.e. property value assessed by comparison to neighbouring properties) as opposed to values agreed under the shadow of compulsory purchase. Compensation assessed.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 143247-1001

ACQ/76/2006. The Lands Tribunal had to determine the compensation payable by a local authority to the claimants following a compulsory purchase of a retail premises for development purposes. The property was located in a good secondary shopping area. The claimants were unable to find suitable alternative premises, so compensation was agreed on the basis of total extinguishment of the business. The parties did not agree on the value of the freehold interest and the basis for calculating this. Held: property valued on the basis of open market evidence (i.e. property value assessed by comparison to neighbouring properties) as opposed to values agreed under the shadow of compulsory purchase. Compensation assessed.