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United Kingdom compulsory purchasecompensationno scheme rule

Waters v Welsh Development Agency

Waters v Welsh Development Agency [2004] UKHL 19, [2004] 1 WLR 1304
JurisdictionUnited Kingdom
CourtHouse of Lords
Year2004
StatusBinding authority

Key Principle

In assessing compensation for compulsory purchase the Pointe Gourde (no-scheme) principle requires that any increase or decrease in the value of the acquired land attributable solely to the underlying scheme of the acquiring authority be disregarded; the principle supplements the statutory code and should generally be applied by analogy with it, with the scope of the relevant 'scheme' identified as a question of fact and degree, construed narrowly.

Area of Law

General

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