New Schools Proposal - The Wider Issues

[seanie]

I have no background knowledge of this area but from what I've read I understand the following;

[list]Common Good property can be alienable or inalienable, although I haven’t found a definition of why which is which.

[i]“Someâ€

[Charles]

[Charles]

[Porty]

[Porty]

[ali]

[Porty]

[seanie]

[Poppy]

[seanie]

[seanie]

[Porty]

[Porty]

[gilo]

[Poppy]

[Porty]

[seanie]

Sorry to go back but this whole thing about an as yet unidentified law, that every Local Authority and their legal counsel are unaware of, that bars the use of Common Good assets for statutory provision of services, seems kinda irrelevant. To reiterate;
[quote]Section 75(2) and (3) of the Local Government (Scotland) Act 1973 reads as follows—

“(2) Where a local authority desire to dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to dispose of the land subject to such conditions, if any, as they may impose, and the Authority be entitled to dispose of the land accordingly.

(3) The Court of Session or sheriff acting under subsection (2) above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be disposed of other land to be used for the same purpose for which the former land was used.â€

[Porty]

[Porty]

[Porty]

[seanie]

[Bob Jefferson]

From today's EN: