Why communities should be given the opportunity by Part 3 of the Land Reform (Scotland) Bill to purchase land compulsorily in order to util…

The objective of land reform is to remove land-based barriers to the sustainable development of rural communities. It is not expected that crofting communities will wish to exercise the crofting community right to buy unless the current ownership has proved to be just such a land based barrier. An application by a crofting community body to exercise the right to buy land will not succeed unless the proposed acquisition will deliver sustainable development and be in the public interest. Each application will be considered on its merits and with reference to the criteria which ministers must take into account in reaching a decision. An application would not be considered to be in the public interest if granting that application would result in severe detriment to the sustainable development of other land. It is, of course, open to any landowner to seek to avoid problems of severance by either utilising the provisions of section 76 of the bill or negotiating a sale of his/her property to the crofting community. In addition, if a successful application results in severance and depreciation of other property, section 85(6)(a)(ii) of the bill provides that the price paid should take account of this.