Southampton City Council, Re [2002] EWLands ACQ_194_2000 (22 February 2002)

Southampton City Council, Re [2002] EWLands ACQ_194_2000 (22 February 2002)

The compensation is determined by reference to the open market value of the property at the valuation date, taking into account its derelict condition, the costs required to make it wind and watertight, and comparable sales of similar properties in the vicinity. The Tribunal accepted the expert evidence that £35,000 represented the true open market value in the context of the wider redevelopment scheme.

Citation
[2002] EWLands ACQ_194_2000
Parties
Acquiring Authority: Southampton City Council; Owner: Owner unknown
Jurisdiction
England and Wales
Judgment Date
22 February 2002
Procedural Posture
Compulsory Purchase Compensation Determination / Final Decision
Outcome
compensation determined
Legal Topics
Compensation Assessment, Valuation of Derelict Property, Unknown Owner Procedures
Property Law Compulsory Purchase Compensation Assessment Valuation of Derelict Property Unknown Owner Procedures

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Parties

Southampton City Council

Acquiring Authority

Owner unknown

Owner

Procedural Posture

Compulsory Purchase Compensation Determination / Final Decision

Legal Issues

  1. 1 What is the appropriate amount of compensation for the compulsory acquisition of a derelict property with an unknown owner?
  2. 2 What is the open market value of the subject property at the valuation date, considering its condition and comparable transactions?

Ratio Decidendi

The compensation is determined by reference to the open market value of the property at the valuation date, taking into account its derelict condition, the costs required to make it wind and watertight, and comparable sales of similar properties in the vicinity. The Tribunal accepted the expert evidence that £35,000 represented the true open market value in the context of the wider redevelopment scheme.

Court Disposition

compensation determined

Orders

  • Compensation for the freehold interest in 59 Onslow Road, Southampton is determined at £35,000.
  • No order for costs.