000 01951cam a2200277 4500
001 ABS68013
008 040719n2004 000 0 eng u
035 _a(Sirsi) u126823
100 _aCatterall, S.
245 2 _aA bridge over troubled waters
260 _c2004
490 _aEstates Gazette
_v(0427) 3 July 2004, 120-122(3)
520 _a"Waters and others v Welsh Development Agency" ([2004] UKHL 19, Abs67824) provides an indepth analysis into the state of the law regarding the payment of compensation where land is being acquired for development under a compulsory purchase order. Explains the background to the basis of valuation and the three alternative methods of valuations proposed by the claimants, these being i) as agricultural land, ii) as a nature reserve and iii) with a ransom value on the basis that the land was indispensable to the barrage scheme. The appeal was based upon the third method of valuation. Raises a number of issues including value of the land, value to the owner principle, "Point Gourde", the Land Compensation Act 1961, what is to be disregarded and ransom value. HL held that the claimants' land formed an integral part of the scheme and should be valued on this basis. The land's potential use as a nature reserve had to be taken into consideration when assessing compensation but market value should not include enhanced value attributable to the proposed use under the scheme. Discusses the implications of the ruling on future claims.
590 _aABS
590 _aABS
650 _aWATERS AND OTHERS V WELSH DEVELOPMENT AGENCY
650 _aCOMPENSATION
650 _aPOINTE GOURDE QUARRYING AND TRANSPORT CO LTD V CROWN LANDS SUPERINTENDENT
650 _aRANSOM VALUE
650 _aNATURE RESERVES
650 _aValuation
_96273
650 _aENHANCED VALUE
650 _aLAND COMPENSATION ACT 1961
690 _aCOMPULSORY PURCHASE AND COMPENSATION-CASE LAW
942 _n0
999 _c117723
_d117723