000			02095cab a22002415a 4500
001			L147400
008			090508e20090501xxk f v 000 0 eng d
035			_a(Sirsi) u147400
041	0		_aeng
245	0	0	_aKent County Council v Union Railways (North) Ltd & Anor _h[electronic resource]
260			_c2009
520			_a[2009] EWCA Civ 363. 1 May 2009. Local authorities using compulsory purchase powers must serve notices on interested third parties as well as landowners. The appellant local authority appealed against a decision (see L144341) that it was not entitled, as an acquiring authority, to serve no notice to treat on the respondent railway company (U), the alleged owner of interests in land that it was compulsorily purchasing. The local authority had compulsorily purchased land from the landowner (B), over which U claimed rights over the land to lay cables across it. The rights included options to acquire freehold of the land or a lease, and an easement to lay cables. U claimed statutory compensation for loss of its rights. The local authority had served notices to treat and of entry on B, but not on U. Held: appeal dismissed, cross-appeal allowed, and the matter remitted to the Lands Tribunal for determination. The authority was obliged to serve notice to treat to a third party with an option to purchase the land. The acquisition of the option was necessary under s.5 of the Act; otherwise there would be nothing to stop the third party exercising its option and defeating the purpose of the purchase.
590			_aKA
650	2	4	_aCOMPULSORY PURCHASE ACT 1965 S5
650	2	4	_aCOMPULSORY PURCHASE ACT 1965 S22
650	2	4	_aCOMPULSORY PURCHASE ACT 1965 S10
650	2	4	_aKENT COUNTY COUNCIL V UNION RAILWAYS (NORTH) LTD & ANOR
651		4	_aEngland and Wales _y1543-
690			_aBoundary disputes _96221
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
856	4	0	_uhttps://www.bailii.org.uk/ew/cases/EWQCA/Civ/2009/363.html _zView the report online at www.bailii.org.uk...
942			_n0
999			_c81526 _d81526