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Compulsory purchase is the power to acquire rights over an estate in English land law, or to buy that estate outright, without the current owner's consent in return for compensation. In England and Wales Parliament has granted several different kinds of compulsory purchase power, which are exercisable by various bodies in various situations. Such powers are "for the public benefit", but this expression is interpreted very broadly. ==History== *Inclosure Acts *Wandsworth to Croydon Railway Act 1801 making the Surrey Iron Railway *Land Clauses Consolidation Act 1845, removed the need for special private Acts for compulsory purchases driven by the railways *Inclosure Act 1845, established Inclosure Commissioners to hear petitions for compulsory purchase and development *Housing of the Working Classes Act 1885 *Housing of the Working Classes Act 1890 *''A-G v Great Eastern Rly Co'' (1880) 5 App Cas 473, 478 *''Ayr Harbour Trustees v Oswald'' (1883) 8 App Cas 623 *''A-G v Manchester Corporation'' () 1 Ch 643 *''A-G v De Keyser's Royal Hotel Ltd'' () AC 508 *''Stourcliffe Estates Co Ltd v Bournemouth Corporation'' () 2 Ch 12 *Defence of the Realm (Acquisition of Land) Act 1916 *Acquisition of Land (Assessment of Compensation) Act 1919 *Acquisition of Land (Authorisation Procedure) Act 1946 *''Burmah Oil Co Ltd v Lord Advocate'' () AC 75, 115, Lord Radcliffe, 'The Crown has never claimed or sought to exercise in time of peace a right to take land except by agreement or under statutory power.' *''Prest v Secretary of State for Wales'' (1982) 81 LGR 193, Lord Denning MR, 'It is clear that no minister or public authority can acquire any land compulsorily except the power to do so be given by Parliament: and Parliament only grants it, or should only grant it, when it is necessary in the public interest. In any case, therefore, where the scales are evenly balanced – for or against compulsory acquisition – the decision – by whomsoever it is made – should come down against compulsory acquisition. I regard it as a principle of our constitutional law that no citizen is to be deprived of his land by any public authority against his will, unless it is expressly authorised by Parliament and the public interest decisively so demands. If there is any reasonable doubt on the matter, the balance must be resolved in favour of the citizen.' 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Compulsory purchase in England and Wales」の詳細全文を読む スポンサード リンク
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