Scottish court backs first forced sale of private land to community
Landowner Forthtay Ltd appealed the decision of Scottish ministers who backed the compulsory purchase bid by community group Poets' Neuk, who wants to develop a plot in Fife into a public garden dedicated to Mary Queen of Scots.
The current plot in St Andrews has been described as "an eyesore".
Following a hearing in February, Sheriff Timothy Niven-Smith has refused the Forthtay Ltd's appeal. The landowner now has until May 13 to decide whether to appeal the judgment.
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If the sale goes ahead, it would be the first time that privately-owned land is forcibly sold to a community group in Scotland.
Niven-Smith stressed he was ruling on the legality of the decision, not the group's application.
He wrote: "I am satisfied that the ministers had regard to the legal framework and applied the correct test in law to the questions they required to answer."
Poet's Neuk applied to the Scottish Government to buy the land under the Land Reform (Scotland) Act 2016, which allows land to be sold to a community group by compulsory purchase if it is likely to further "sustainable development" and is in the "public interest".
Ministers backed the application in 2024, however, Forthtay argued that ministers had acted "unlawfully" and showed "apparent bias" to the group.
Land reform campaigners hope any future forced sale sets a precedent and inspires other groups across Scotland.
Dr Josh Doble, policy manager at Community Land Scotland, said: "The community in St Andrews have had a long road to this point and we wholeheartedly congratulate them on this success.
"This decision reinforces the fact that our compulsory Community Rights to Buy - which naturally interfere with private property rights - are not only morally robust but legally sound.
"We hope this important judgement provides the Scottish government with much-needed encouragement to take positive and ambitious action on the current Land Reform Bill.
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"The bill needs to ensure that all significant landholdings in Scotland are owned and managed in the public interest. And if they are not, ultimately the existing landownership can be challenged."
A spokesperson for MML Law, on behalf of the landowner, previously urged for close to attention to be given to the case as it "could have far reaching consequences for many around Scotland".
A Scottish government spokesperson said: "We welcome the sheriff's decision to allow the sale of Poet's Neuk to the community to proceed."
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