Government Departments and Utility Companies have statutory powers to compulsorily purchase land or rights over land. Many important schemes for urban regeneration, pipelines, roads and other civil engineering projects require the exercise of such powers.
With the exercise of compulsory purchase powers comes the right for those whose property interests are affected to claim compensation. This is a specialist area of valuation practice and requires a thorough knowledge of relevant statute and case law.
JEC have worked on many claims over the years. Most recently we are representing clients who have been impacted by the Esterley Tibbets and Linford Pearson road widening project.
What to do if you’re served with a Notice
- If you receive a Gazetted Notice (Section 3 & Section 6 Notice) call us for advice.
- A notice of intention to claim, known as Form A, must be submitted to the Valuation Estates Office no later than 90 days after the published date of the Section 3 notice. You must act as soon as possible
What compensation is available and how do I claim it?
Compensation is paid to reflect the losses and disturbance caused by a Compulsory Purchase.
Compensation is based on the principle of equivalence; this means that the owner or occupier being returned to a position no worse or better off, than if the scheme had not happened. The losses must be unavoidable and directly as a result of the scheme.
It’s up to the claimant to prove any losses to claim for compensation. So claims must be supported where appropriate with evidence of those losses.
The cost to you
In Cayman, the NRA will cover the professional fees in connection with preparing and negotiating the claim for compensation before the claim is referred to the Roads Assessment Committee.
If you are facing a Compulsory Purchase, contact us today.