Scottish Government looks to modernise compulsory purchase law

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THE Scottish Government is consulting on proposals to modernise the law on compulsory purchase.

Current laws date back almost two centuries, with the Scottish Government saying its proposals will make rules more useful for public bodies, whilst also being fairer to property owners.

Views are being sought on how the current rules – which the Scottish Government said are ‘widely recognised as confusing and outdated’ – should be changed. The Scottish Government is also exploring whether powers to require disused property to be sold or leased would be helpful.

Scottish Government public finance minister Ivan McKee will launch the consultation on a visit in Glasgow to a neglected property which was acquired under a compulsory purchase order and which will now be returned to use as a family home. He will be accompanied by Roseanna Cunningham, co-chair of the compulsory purchase reform practitioner advisory group.

Mr McKee said, “Compulsory purchase can make an important contribution to improving public spaces and regenerating communities. We need every tool available to play its part in tackling the housing emergency – making it easier and simpler for councils and other public bodies to take ownership of derelict property will help.

“We are consulting on changes that would streamline procedures, modernise compensation arrangements and promote better early engagement between authorities and the owners of land that is needed for important public projects.

“This is a substantial package of measures, learning from changes that have been made elsewhere and following extensive engagement with the practitioner advisory group and a wide variety of others with interest in compulsory purchase.”

Ms Cunningham added, “Much of the compulsory purchase legislation in Scotland dates back 180 years and can be difficult to understand for both property owners and public bodies. This can delay important developments creating uncertainty for everyone involved. We need a system that is simpler and quicker for public bodies, while also being fairer for property owners. I welcome the Scottish Government’s consultation paper as an important step towards that.”