Paragraph 37 LandI1

Following the issue of the final certificate pursuant to paragraph 31(4) (final certificate) National Highways may serve notice on the undertaker that it wishes to take a freehold transfer of land within the extent of strategic road network boundary which is not in the ownership of National Highways but has been acquired by the undertaker for the purposes of carrying out the specified works.

If the undertaker receives notice under sub-paragraph (1) then the undertaker must effect a freehold transfer of the land which is the subject of the notice and complete such transfer as soon as reasonably practicable at no cost to National Highways.

The undertaker must not under the powers of this Order—

any of the strategic road network or land owned by National Highways, or extinguish any existing rights of or interfere with apparatus of National Highways in respect of any third party property, except with the consent of National Highways by written request to [email protected].

Where any land or interest is proposed to be acquired for the benefit of National Highways, the undertaker must, unless otherwise agreed by National Highways, exercise article 21 (compulsory acquisition of land) and article 24 (compulsory acquisition of rights and imposition of restrictive covenants) as applied by articles 28 (application of the 1981 Act) of this Order to directly vest in National Highways any such land or interest.