Compulsory purchase and compensation update – 2014
| Published date | 26 August 2014 |
| DOI | https://doi.org/10.1108/JPIF-06-2014-0047 |
| Date | 26 August 2014 |
| Pages | 653-659 |
| Author | Gary Sams |
LAW BRIEFING
Compulsory purchase and
compensation update – 2014
Gary Sams
Reading University, Preston, UK
Abstract
Purpose – The purpose of this paper is to summarise and analyse thenew compensation provisions
brought in by the government for Phase 1 of the HS2 high-speed train line.
Design/methodology/approach – To summarise each of the proposals and provide a critical
assessment of each of them.
Findings – For the most part, and the Homeowner Payment Scheme (HPS) is a marked exception, the
new HS2 compensation provisions set out a logical approach to reducing the impact of the scheme on
the people most directly affected by its blighting affect.There are, however, a number of concerns as to
whether there are more urgent reforms that have not been considered.
Research limitations/implications – The proposals were announced in April and in respect of
some of them, particularly the HPS, very little information is available as yet.
Practical implications – The paper should provide factualinformation on a very new setof
compensation provisions and a critical appraisal of their value.
Originality/value – As the compensation provisions have been published only recently there will be
few other similar commentaries available.
Keywords Compulsory purchase, Compensation provisions, HS2, Phase 1,
Homeowner Payment Scheme, Urgent reforms
Paper type Technical paper
Introduction
Earlier this year, the government published the decisions it has made following
consultation on improved compensation provisions for Phase 1 of the HS2 high-speed
rail link which is proposed to run from London to the West Midlands. In this year’s
CPO update I propose to outline and comment on those compensation provisions.
The outcomes of the consultation are at times quite visionary, though they mainly
comprise versions of blight notice with relaxed rules, and the final proposal seems to
have nothing to do with compensation. The main concern I have is they are underlain
by some unchallenged assumptions, the main one being that claimants affected by
HS2 are obviously deserving of better compensation than those affected by smaller
compulsory purchase schemes. In this paper I will outline the compens ation proposals
consulted upon, and then summarise the outcome on each.
The consultation proposals
In 2013 the government went out to public consultation on the following proposed
changes to compensation provisions for those affected by HS2:
(1)Property Bond scheme;
(2)Express Purchase;
(3)Voluntary Purchase Scheme (VPS) or Alternative Cash Offer (ACO);
(4)Need to Sell scheme;
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1463-578X.htm
Journal of Property Investment &
Finance
Vol.32No. 6, 2014
pp. 653-659
rEmeraldGroup Publishing Limited
1463-578X
DOI 10.1108/JPIF-06-2014-0047
653
Compulsory
purchase and
compensation
update
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting