Compensation : final report : report on a reference under section 3(1)(e) of the Law Commissions Act 1965
著者
書誌事項
Compensation : final report : report on a reference under section 3(1)(e) of the Law Commissions Act 1965
（Law Com., no. 286 . Towards a compulsory purchase code ; (1)）
TSO, c2003
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注記
"Presented to the Parliament of the United Kingdom by the Lord Hight Chancellor by Command of Her Majesty"
"Cm 6071"
Includes bibliographical references
内容説明・目次
内容説明
This Law Commission report on compulsory purchase and the compensation code, develops ideas for simplifying, consolidating and codifying the law as originally set out in Consultation Paper no. 165 (2002), which examined compensation for compulsory purchase. Carrying forward the matters raised in the earlier report, a reform of the law relating to compensation for compulsory purchase, and the setting out of a basis for a Compensation Code would be beneficial to the work of the Lands Tribunal, which can then concentrate on disputes of facts and valuation, and not legal matters.
The assessment of "fair compensation", follows traditional principles (1) market value of the acquired land (the existing law is continued) (2) injury to retained land (introduces the notion of "betterment", where the value of land has increased, which should be off-set against the decrease of "severance" and "injurious affection") (3) consequential loss (remove doubt under the existing law, where the issues of "relocation basis" or "extinguishment basis" exist, and take account of a claimant's personal and financial circumstances) (4) equivalent reinstatement (a new provision to the law, to see that any compensation given, is used for the intended "reinstatement").
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