A compulsory purchase order (CPO; , ) is a legal function in the United Kingdom and

Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...

that allows certain bodies to obtain land or property without the consent of the owner. It may be enforced if a proposed development is considered one for public betterment; for example, when building

motorway A controlled-access highway is a type of highway that has been designed for high-speed vehicular traffic, with all traffic flow—ingress and egress—regulated. Common English terms are freeway, motorway and expressway. Other similar terms ...

s where a landowner does not want to sell. Similarly, if

town council A town council, city council or municipal council is a form of local government for small municipalities. Usage of the term varies under different jurisdictions. Republic of Ireland Town Councils in the Republic of Ireland were the second ti ...

s wish to develop a town centre, they may issue compulsory purchase orders. CPOs can also be used to acquire historic buildings in order to preserve them from neglect. Compensation rights usually include the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Costs of professional advice regarding compensation are usually reimbursed by the authority, so that people affected by a compulsory purchase order can seek advice from a

solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

and a

surveyor Surveying or land surveying is the technique, profession, art, and science of determining the terrestrial two-dimensional or three-dimensional positions of points and the distances and angles between them. A land surveying professional is ...

and expect to be reimbursed.

Ireland

In Ireland, CPOs became quite common in the early 21st century due to the massive road upgrade programme under the National Development Plan. CPOs are also used for railway or greenway projects. If one objects to the issuing of a CPO, one may appeal to the High Court. Compensation is available to ensure that the person is restored, as far as possible, to the financial position they were in before the land and property were compulsorily purchased.

United Kingdom

In the United Kingdom, most orders are made as subordinate legislation under powers given to

local authorities Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...

in existing legislation (e.g. an order for road works is made under the

Highways Act 1980 The Highways Act 1980 (1980 c.66) is an Act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Man ...

). Whilst the powers are strong, the authority must demonstrate that the taking of the land is necessary and there is a "compelling case in the public interest". Owners or occupiers can challenge this, and their objection will be heard by an independent inspector.

References

English property law Property law of Ireland Scots property law Eminent domain {{law-term-stub

Ireland

United Kingdom

See also

References