Compulsory purchase

Scotland

In Scotland, eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period. Compensation is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; and the Land Compensation (Scotland) Act 1963. The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase. Such reforms have yet to be made by the Scottish Parliament.