Commentary

80 Restrictions on appropriation

COMMONS vol 6(1)B
| Commentary

80 Restrictions on appropriation

| Commentary

H: APPROPRIATION BY LOCAL AUTHORITY

80 Restrictions on appropriation

Apart from statute1, the appropriation by a local authority of land which it holds for one purpose to another purpose inconsistent with the original purpose is ultra vires unless the appropriation is merely for a temporary purpose. Special statutory powers operate2 where any land to be appropriated for allotments or for the purposes of planning or housing, forms part of a common3. However, such powers are subject to restrictions similar to those imposed in the case of compulsory acquisition4.

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