2. c. 33) is an Act of Parliament of the United Kingdom, which concerns English land law and compulsory purchase.
Part II sets out the provisions which must be applied to determine the amount of compensation owed to owners of land which has been acquired under the compulsory purchase scheme.
Section 5 Rule 2 provides that the owner of an interest in land (e.g. a freehold, leasehold, or easement as in Re Ellenborough Park[3]) should receive the open market value of the property.
[5] This codified the ruling in the case of Pointe Gourde Quarrying & Transport Co v Sub-Intendent of Crown Lands.
[6] The Privy Council ruled that that compensation could not include any increases which were the result of the scheme for which the acquiring authority was purchasing the land.