ABSTRACT
This chapter discusses the explanation of the effect of this Act and of the provisions of the Convention so far as it affects the compulsory taking of property. Many of the rights enshrined in the Convention, such as the protection of property against a taking, have been recognised in the decisions of the common law courts. The Human Rights Act 1998 is now in force and gives effect to the rights and freedoms under the European Convention on Human Rights. The courts in England and Wales have found it easy to determine when Article 1 is engaged, that is, it has application, and if engaged, whether some legislative rule is in breach. The rule permits the taking of private property in the public interest. The requirement of proportionality is concerned with a reasonable relationship of proportionality between the means employed and the aim being pursued.
