Fortunately, few people in Scotland will be subject to compulsory purchase. This involves the forceful but legal acquisition of private property rights by public bodies who have statutory obligations to undertake infrastructure schemes for the benefit of our society eg roads, regeneration, power lines, sewerage treatment works etc, and we have one of the most experienced practitioners in Scotland to safely guide you through this process.
Most public works which improve the infrastructure of our country involve the compulsory purchase of privately owned land and buildings. Where compulsory acquisition does take place then there is recourse to claim financial compensation, which is subject to strict legal and valuation codes. At FG Burnett we have considerable expertise and experience in this highly complex and niche area. We can assess and negotiate compensation claims on your behalf and we will endeavour to obtain the best possible result. There is recourse to arbitration should a dispute arise.
We have extensive experience with dealing with compulsory purchase whether it be in respect of land, houses/flats, crofts, shops, offices, industrials or farms. Whilst the rules are basically the same notwithstanding the type of property involved, we know from experience that each case is unique and will throw up its own challenges. We also know that compulsory purchase does cause considerable concern and distress and often is taken extremely personally. It has been said that compulsory purchase is one of the harshest impositions society can impose on its citizens and you can rest assured that we will ensure that your rights in respect of this situation are fully protected.
Lastly, it should be noted that fees incurred in objecting to a compulsory purchase order cannot be recovered from the acquiring authority but that the acquiring authority will pay all reasonable professional fees with regard to the assessment and negotiation of the resultant compensation claim.