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Section 3 of the Acquisition of Land (Authorisation Procedure) Act 1946 allowed the Secretary of State (on the application of a local authority) to make an order extinguishing rights of way, under specified circumstances.
The rules were set out in sub-s(1) as:
1. Land is acquired under compulsory purchase powers, or will be acquired under compulsory purchase powers, or is acquired by agreement and by an authority when the compulsory purchase powers could have been used; and
2. There subsists over any part of the land a public right of way, not being a right enjoyable by vehicular traffic; and
3. The Minister is satisfied that a suitable alternative right of way has been or will be provided, or that the provision of one is not required.
An order under s.3 of the 1946 Act takes effect on being made, but there is
provision for where the order is made in advance of the acquisition of the
land as sub-s(1) also says:
“Provided that where a right of way is extinguished under this
subsection at a date before the acquisition of the land in question is
completed, then if at any time thereafter it appears to the Minister
that the proposal to acquire the land has been abandoned, he shall by
order direct that the right shall revive, without prejudice, however,
to the making of a new order extinguishing the right.”
As is common for Ministerial rights of way orders, the proposals must be advertised
before the order is made. The public can object to the proposals for a period of
21 days after first publication of the proposals (sub-s(2)).
Sub-s(3) provides that if any objection to the proposal is duly made and is
not withdrawn, the Minister shall, before making the order, cause a public
local inquiry to be held.
This Act was repealed and replaced by the Acquisition of Land Act 1981 and the powers in s.3 of the 1946 Act are now found in modified form in s.32 of the 1981 Act.
Acquisition of Land orders have been made in the area near the following paths: North Mymms 22 and 23
While every endeavour has been made to give accurate information, the law is complex, subject to different interpretations and subject to change. The contents of this website are offered to help registered supporters and general readers, but do not constitute formal legal advice.