Jersey Judgment

Baker v Public Works Cttee. [1968] JJ 965 (12 August 1968)

Planning Law Compulsory Purchase Compensation Injurious Affection Valuation of Land

Citation: [1968] JJ 965
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

Compensation is only payable for the value of land actually purchased; there is no right to compensation for injurious affection to neighbouring land under the relevant Jersey law.

Court disposition

claim dismissed

Material facts

Parties

Baker

Applicant

Public Works Committee

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

Whether compensation is payable for injurious affection to neighbouring land under the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961

Party arguments

Applicant: Applicant sought compensation for reduction in value to neighbouring land resulting from compulsory purchase.
Respondent: Respondent argued that compensation is only payable for the value of land actually purchased, not for injurious affection to neighbouring land.

Court’s reasoning

Legal principles

01
Compulsory Purchase of Land (Procedure) (Jersey) Law 1961

No right to compensation for injurious affection to neighbouring land under the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

Ratio, limits and disposition

Ratio decidendi

Compensation is only payable for the value of land actually purchased; there is no right to compensation for injurious affection to neighbouring land under the relevant Jersey law.

Court disposition

claim dismissed

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1968] JJ 965

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BAILII >> Databases >> Jersey Law Reports >> Baker v Public Works Cttee. [1968] JJ 965 (12 August 1968) URL: https://www.bailii.org/je/cases/JLR/1968/JLR680965.html Cite as: [1968] JJ 965 [ New search ] [ Help ] Baker v Public Works Cttee. 1968 J. J. 965 (12 August 1968) Planning Law-compulsory purchase-principles of compensation-no right to compensation for injurious affection, i.e. reduction in value to neighbouring land since Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 only expressly confers right to compensation for value of land purchased and implies that "willing seller" will not seek compensation for matters not directly related to value of land sold The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1968 J. J. 965 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1968/JLR680965.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Compulsory Purchase of Land (Procedure) (Jersey) Law 1961

Legislation

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