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compulsory purchasecompensationno scheme rule
Waters v Welsh Development Agency
Waters v Welsh Development Agency [2004] UKHL 19, [2004] 1 WLR 1304
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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