R v Secretary of State for Transport, ex parte Owen
| Jurisdiction | England & Wales |
| Judgment Date | 13 November 1995 |
| Date | 13 November 1995 |
| Court | Queen's Bench Division |
Queen's Bench Division
Land compensation - acquisition - foreseeability of effect on property value
When exercising his discretion to acquire by agreement land affected by proposed highway works, the Secretary of State for Transport was entitled to take into account an applicant's foreknowledge of the risk that the value of the property might be affected.
Mr Justice Popplewell so stated in the Queen's Bench Division on November 3 when dismissing an application by Colonel and Mrs Barbara Owen for judicial review of a decision of the secretary of state made on December 28, 1994 refusing to purchase their house under section 246(2A) of the Highways Act 1980, as inserted by section 68(2) of the Planning and Compensation Act 1991.
HIS LORDSHIP said that Colonel Owen contended that the notes which accompanied the pro forma application form which referred to foreknowledge were designed to deal with a case where an applicant had bought the property at a discounted price. In that case the secretary of state should not be required to spend public money at a profit to the applicant.
The converse, however, did not necessarily follow...
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AG v Garland
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- R v Secretary of State for Transport, ex parte Owen