compulsory purchase orders

Just out of interest, does anyone know of any example where a heritage railway has obtained a compulsory purchase order to purchase land (e.g. trackbed) from its owner? I understand there needs to be a "compelling case in the public interest", which might be demonstrable if you could show how an extension for example could benefit the local economy.

 

The Transport & Works Order for the Welsh Highland Railway included CPO powers to secure the route and I believe CPO notices for the trackbed were served on all adjoining landowners. Some landowners (not all by any means) were claiming ownership even though the trackbed owned by the old Welsh Highland company was legally transferred to the Festiniog Railway Co.

 

Do the railways still have any ancient compulsory purchase powers dating back to the 'railway mania' age in the mid 19th century?

Sustrans owns a lot of former trackbed but apparently they have no special compulsory purchase powers.

 

Powers invested in Heritage Railway may even go back as far as the original enabling acts authorising construction of the line in the 19th Century. A Transport and Works Order/Light Railway Order will oftern be the mechanism that passes on such powers to the new operator. Sometimes the problem is that the act is so old a copy can no longer be found, quite frequently the original enabling acts would contain all sorts of provisions, such a provision about train services in the original act was of course the reason that prevented BR closing the Bluebell line initially.

So if a Heritage railway wants to know what powers it has, then try and get hold of a copy of the original act authorising construction of the line.....

 

Slightly O/T the Severn Valley ran into access problems in 2007/8 while trying to reinstate the line in several places following severe storm damage. One legal point was whether it had powers or not over access, partly around it having been closed and lifted before being reinstated. IIRC it was deemed that it had lost its powers?

Patrick

 

Which bits of the SVR were lifted before preservation?

 

Ooh er...my memory's playing tricks. It was "closed and reopened". Sorry

P