Housing and Regeneration Act 2008

9Acquisition of landE+W

(1)The HCA may acquire land by agreement.

(2)The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.

(3)The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.

(4)Subsection (5) applies where—

(a)land or new rights over land are being acquired compulsorily under subsection (2), and

(b)the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.

(5)The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).

(6)Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.

(7)In this Part—

• “allotment” means a fuel or field garden allotment,

• “common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),

• “open space” means any land which is—

  (a)

  laid out as a public garden,

  (b)

  used for the purposes of public recreation, or

  (c)

  a disused burial ground.