The Finance Acts 1998 and 2000: can the owners of agricultural land continue to gain from their capital disposals?

This paper seeks to analyse and discuss, from the perspective of the owners of agricultural land, the main changes to the Capital Gains Tax regime introduced in the Finance Act 1998 and subsequently amended in the Finance Act 2000. The replacement of indexation with a new Taper relief is examined, along with the phasing out of Retirement relief, and the interaction of Taper relief with Rollover relief. The opportunity for tax mitigation by the owners of agricultural land is critically examined

The Finance Act 1998: can the owners of agricultural land continue to gain from their capital disposals?

This paper seeks to analyse and discuss, from the perspective of the owners of agricultural land, the main changes to the Capital Gains Tax regime introduced in the Budget of March 1998 and contained in the Finance Act 1998. The immediate replacement of indexation with a new Taper relief is examined, along with the phasing out of Retirement relief, and the interaction of Taper relief with Rollover relief

Agricultural tenancies: implied surrender and regrant and the operation of the Agricultural Tenancies Act 1995

Agricultural tenancies arising after 1st September 1995 are mostly governed by the Agricultural Tenancies Act 1995. As such, tenants under this Act do not benefit from the degree of protection conferred on tenancies already in existence, which remain under the Agricultural Holdings Act 1986. Section 4 of the 1995 Act seeks to protect those tenancies which subsequently inadvertently undergo a surrender and regrant and which would otherwise lose the protection of the 1986 Act. This paper seeks to investigate, by relating recent case law and statute to the situation of agricultural tenancies, the occasions where surrender and regrant might occur and whether in such instances the protection of the 1986 Act will be lost

Whose land was it anyway? The Crichel Down Rules and the sale of public land

The guiding principle of compulsory purchase of interests in land in England and Wales is that of fairness, best stated in the words of Lord Justice Scott in Horn v Sunderland Corporation when he said that the owner has “the right to be put, so far as money can do it, in the same position as if his land had not been taken from him”. In many instances, land acquired by compulsion subsequently becomes surplus to the requirements of the acquiring authority. This may be because the intended development scheme was scrapped, or substantially modified, or that after the passage of time the use of the land for which the purchase took place is no longer required. More controversially it may be that for ‘operational reasons’ the acquiring authority knowingly purchased more land than was required for the scheme. Under these circumstances, the Crichel Down Rules (‘the Rules’) require government departments and other statutory bodies to offer back to the former owners or their successors, any land previously so acquired by, or under the threat of, compulsory purchase

The compulsory purchase of farmland: identifying severance and injurious affection claims

In situations of compulsory purchase of farmland, claims for the injurious affection of retained land can form a substantial part of the overall claim for compensation. This paper seeks to identify the problems of identifying injurious affection and severance items, and examines how statutory provision and subsequent case law have dealt with them

Agricultural tenancy reform: the end of law; or a new popular culture?

This paper applies a reading of the postmodernisation of law to the incremental reform of agricultural holdings legislation over the last century. In charting the shifting legal basis of agricultural tenancies, from ‘black letter’ positivism to the cultural contextuality of sumptuary law, the paper theorises that the underlying political imperative has been allied to the changing significance of property ownership and use. Rather than reflecting the long-term official desire to maintain the let sector in British agriculture, however, the paper argues that this process has had other aims. In particular, it has been about an annexation of law to legitimise the retention of landowner power while presenting a rhetorical ‘democratisation’ of farming, away from its plutocratic associations and towards a new narrative of ‘depersonalised’ business

Private investment in the countryside: an assessment of the role of new houses and estates in sustaining the rural economy and environment

The British countryside has been shaped and sustained over the years by the establishment of landed estates. Some of our best known, and now most protected, landmarks derive from this tradition by which money, that was often sourced from outside the rural economy, was invested in land. Whilst there was some reversal in this trend during the last century, there is again a widespread desire among people of means to invest in new country property. Paragraph 3.21 of Planning Policy Guidance Note 7: The Countryside - Environmental Quality and Economic and Social Development was introduced in 1997 as a means of perpetuating the historic tradition of innovation in the countryside through the construction of fine individual houses in landscaped grounds. That it was considered necessary to use a special provision of this kind reflects the prevailing presumption of planning authorities against allowing private residential development in open countryside. The Government is currently reviewing rural planning policy and is focusing on higher density housing, affordable homes and the use of brownfield sites. There is an underlying conception that individual private house developments contribute nothing and are seen as the least attractive option for most development sites. The purpose of paragraph 3.21 lies outside the government’s priorities and its particular provisions may therefore be excluded in forthcoming ‘policy statements’. This paper seeks to examine the role of private investors wishing to build new houses in the countryside, and the impact that that might have on local economies. It explores the interpretation placed on PPG7 through an investigation of appeal sites, and concludes by making recommendations for the review process, including the retention of some form of exceptions policy for new build houses

Michael Smith and the daleks: reason, morality, and contingency

Smith has defended the rationalist's conceptual claim that moral requirements are categorical requirements of reason, arguing that no status short of this would make sense of our taking these requirements as seriously as we do. Against this I argue that Smith has failed to show either that our moral commitments would be undermined by possessing only an internal, contextual justification or that they need presuppose any expectation that rational agents must converge on their acceptance. His claim that this rationalistic understanding of metaethics is required for the intelligibility of moral disagreement is also found to be inadequately supported. It is further proposed that the rationalist's substantive claims - that there are such categorical requirements of reason and that our actual moral commitments are a case in point - are liable to disappointment; and that the conceptual claim is fatally undermined by reflection on how we might best respond to such disappointment

PRIVATE SECTOR AGRICULTURAL TENANCY ARRANGEMENTS IN EUROPE: THEMES AND DIMENSIONS; A CRITICAL REVIEW OF CURRENT LITERATURE

Although there is widespread support for the "ideal model" of agricultural production being based around the owner-occupier farmer, it is recognized that, for a variety of reasons, this ideal is neither always attainable nor desirable. There is also a need to ensure that farming becomes competitive when exposed fully to world markets. This means that farmers are likely to require the flexibility to expand their businesses in circumstances where they may not have the capital to purchase the additional assets. The need to find suitable systems for agricultural tenancy reform remains paramount as a means both for sustaining rural communities generally and for establishing mechanisms suitable for matching the demand for and supply of private land for rent. The United Nations Food and Agriculture Organization (FAO) recently commissioned a study of agricultural land tenure systems in order to identify elements of good practice in existing arrangements for the leasing of private sector agricultural land. This report is confined to a consideration of and commentary on the existing literature on tenure and tenancy arrangements as a basis for identifying examples of good practice. For the purposes of establishing good practice, this report concentrates on the market economies of northern and western Europe, predominantly the fifteen current member states of the European Union, while being aware of the principal dimensions of land reform in central and eastern European and former Soviet Union countries.Farm tenancy--Europe, Farm tenancy--Europe--Bibliography, Farm tenancy--Government policy--Europe, Land tenure--Europe, Land Economics/Use,