Pendle Borough Council, Re [2000] EWLands ACQ_27_1999 (20 July 2000)

Pendle Borough Council, Re [2000] EWLands ACQ_27_1999 (20 July 2000)

The Tribunal accepted the Council's expert valuation of £3,000, supported by evidence of comparable properties and the cost of repairs exceeding the eventual sale price, as fair compensation for the compulsory acquisition of the property in its dilapidated state.

Citation
[2000] EWLands ACQ_27_1999
Parties
Acquiring Authority: Pendle Borough Council; Owner: Owner of 30 Essex Street, Colne (untraced)
Jurisdiction
England and Wales
Judgment Date
20 July 2000
Procedural Posture
Compulsory Acquisition Compensation / Determination of Compensation by Lands Tribunal
Outcome
compensation determined
Legal Topics
Compulsory Acquisition, Compensation Assessment, Valuation of Property
Property Law Compulsory Purchase Compulsory Acquisition Compensation Assessment Valuation of Property

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Parties

Pendle Borough Council

Acquiring Authority

Owner of 30 Essex Street, Colne (untraced)

Owner

Procedural Posture

Compulsory Acquisition Compensation / Determination of Compensation by Lands Tribunal

Legal Issues

  1. 1 What is the appropriate compensation for the compulsory acquisition of a house in poor condition where the owner cannot be traced?

Ratio Decidendi

The Tribunal accepted the Council's expert valuation of £3,000, supported by evidence of comparable properties and the cost of repairs exceeding the eventual sale price, as fair compensation for the compulsory acquisition of the property in its dilapidated state.

Court Disposition

compensation determined

Orders

  • Compensation for the compulsory acquisition of 30 Essex Street, Colne is determined at £3,000.