DISCLAIMER:
This duty is currently under review and has not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
Simple terms explainer:
Councils have the power to acquire land through compulsory purchase when it is needed for building or improving roads. This means that if a piece of land is essential for a new road, widening an existing road, or adding features like junctions or cycle paths, the council can legally take ownership even if the owner does not want to sell. The process must follow strict legal rules, including giving notice, allowing objections, and paying fair compensation to the landowner. This power helps councils deliver important road projects that benefit the wider community.
Legal status
Discretionary
Duty category
Roads and transport
Business and legal
Duty type
Public impact
Social determinant of health
Economic stability
Emerging policy and legislation
0
Bodies with shared interest
Society of Chief Officers of Transportation in Scotland (SCOTS)
Transport Scotland
Road Safety Scotland
Convention of Scottish Local Authorities (COSLA)
Heads of Planning Scotland (HOPS)
Society of Local Authority Lawyers amd Administrators in Scotland (SOLAR)
Royal Town Planning Institute (RTPI)
Royal Institution of Chartered Surveyors (RICS)
Standards and frameworks
1