1. Generic Questions - CPO Flashcards
What is a CPO?
A CPO allows acquiring authorities like local authorities, to** take land & property without the consent of the owner** and provide compensation for this.
What is severance?
Severance occurs where the land acquired contributes to the value of the land which is retained so that when severed from it, the retained land loses value.
What is Injurious Affection?
The depreciation in value of the retained land as a result of the proposed construction on land acquired both for construction of works and their subsequent use.
What is Betterment?
The increase in value of retained land that is adjacent to the land acquired. The increase in value would be offset against the total compensation.
What is Material Detriment?
A claimant is able to serve a counter-notice within 2 months of a CPO notice requesting the acquiring authority purchase the retained land that is no longer suitable or able to be farmed.
Can be related to severance
What is the Pointe Gourde principle?
Betterment
Any increase in the value of the land which is solely attributable to the scheme should not be paid as compensation.
What is a blight notice?
A blight notice can be served on an acquiring authority requesting the acquiring authority to purchase the property at its untainted value.
The value of the property must have been reduced by the scheme.
The acquiring authority have 2 months to respond to the blight notice.
What is a Part 1 claim?
A Part 1 claim under the Land Compensation Act 1973 is based on the depreciation in the value of land due to the physical factors caused by the use of the public works: Noise, vibration, smell, fumes, smoke, artificial light and discharge. The first claim day is 12 months after the use of the public works commenced.
