The Artists’ Rifles took a building lease of land in 1888, on which they constructed a drill hall financed at least in part by public subscription. They acquired the freehold 10 years later. The drill hall remained in use for some 70 years, and further public money was spent on its maintenance. The power of a volunteer corps to acquire land was conferred by section 1 of the Military Lands Act 1892. But that power was a power to acquire land ‘with the consent of the Secretary of State’. There was no direct evidence that the consent of the Secretary of State had been obtained.
Judges:
Goulding J
Citations:
[1972] 1 WLR 1135
Jurisdiction:
England and Wales
Cited by:
Cited – Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council CA 18-Feb-2020
Appropriation was not in sufficient form
The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed.
Lists of cited by and citing cases may be incomplete.
Land
Updated: 19 October 2022; Ref: scu.648252