The official version of this document can be found via the PDF button.
The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.
1240/5(7271)
WRITTEN QUESTION TO THE CHIEF MINISTER
BY DEPUTY T.M. PITMAN OF ST. HELIER ANSWER TO BE TABLED ON TUESDAY 4th DECEMBER 2012
Question
Given that the proposition P.90/2012 includes the option of utilising Compulsory Purchase to acquire Plémont, will the Chief Minister clarify what safeguards, if any, are in place to protect the interests of those who may be forced by government to sell land against their wishes and would he outline what criteria is in place permitting such compulsory purchase?
Answer
Article 119 of the Planning and Building (Jersey) Law 2002 enables the States of Jersey to acquire land by compulsory purchase.
In order to exercise this power, the States of Jersey must first be satisfied that the land is to be acquired for a purpose listed in Article 2 of the 2002 Law. Article 2 includes the following purposes:
- The purpose of this Law is to conserve, protect and improve Jersey's natural beauty, natural resources and general amenities, its character, and its physical and natural environments.
- (d) to ensure that the coast of Jersey is kept in its natural state;
The Compulsory Purchase of Land (Procedure)(Jersey) Law, 1961 sets out the procedure for the acquisition of the land. The independent Board of Arbitrators will determine the proper level of compensation in the event that there is any dispute between the acquiring authority and the land owner. In any event, the land will not legally vest in the Public until the Royal Court is satisfied that the provisions of the 1961 Law have been complied with.