Compulsory Purchase for Transport Infrastructure, 1539-1720 [article]

Stephen Gadd
2018 Figshare  
This survey of road and river legislation proposed to Parliament at Westminster (whether subsequently enacted or not) traces the origin and development of the statutory process for compulsory purchase of land. Before 1539 road and river improvement beyond the clearance of illegal obstructions was achieved only by Crown licence following a satisfactory inquisition ad quod damnum.Compensation was always required to be paid for the compulsory purchase of land, but legislation rarely stipulated the
more » ... rely stipulated the explicit purchase of freehold, instead (but never explicitly) allowing landowners to negotiate retention of a reversionary interest in the land should it no longer be required for the purposes of the legislation.Parliament was willing to grant these powers to trustees or other public bodies, or indeed to private individuals, but only if it was considered that doing so served the public interest.The data here are extracted from printed copies of public Acts, and from the manuscripts of bills and private Acts held at the Parliamentary Archives, supplemented with additional material from other archives.This material is discussed in Stephen Gadd (2019) The Emergence and Development of Statutory Process for the Compulsory Purchase of Land for Transport Infrastructure in England and Wales, c.1530–1800, The Journal of Legal History, 40:1, 1-20, DOI: 10.1080/01440365.2019.1576348Please contact the author if you can correct any errors or omissions.
doi:10.6084/m9.figshare.6467798 fatcat:ayiqqvb54jcrbhqzy7rgdhk4qm