Legislative Action 137 



forward the formation of small properties. But by the abolition of the 

 limitation of small tenancies to an area of 15 acres and a rent of 15 

 (see section 4 (2) of the old Act) this form of holding is no longer put 

 at a disadvantage : and, as already stated, the right of compulsion is 

 extended to the case of hiring as well as to that of purchase. In both 

 cases it is naturally provided that the right shall only be exercised "if 

 a County Council are unable to acquire by agreement and on reason- 

 able terms suitable land for the purpose" (sec. 6 (2) and sec. 22). 

 Naturally also land which is not to be considered as in agricultural 

 occupation is exempted from the possibility of compulsory acquisition. 

 The limitations under this head (see section 30) are very extensive. 

 They apply to parks, gardens, recreation grounds, home farms, etc., 

 so that the landlord cannot be expropriated from any of his proper 

 "demesne-lands." But as, in other cases, purchase as well as hiring is 

 included in the provisions for compulsion, and as on the other hand 

 hiring is no longer put at a disadvantage as compared with purchase 

 when the procedure is by agreement, it seems probable that the choice 

 as between hiring and buying will in future be decided mainly on the 

 ground of the economic needs in the particular case. 



This important provision for compulsory hiring necessitated a 

 number of minor regulations, of which some account must be given 

 here. The hiring must be by way of lease, for not less than fourteen 

 or more than thirty-five years (section 26 (2)). But the authority 

 may, by observing certain terms of notice, renew the lease for another 

 period of at least fourteen or at most thirty-five years, again com- 

 pulsorily, if an agreement cannot be arrived at (section 27 (i)). 



To determine the rent to be paid by the authority to the owner, 

 the valuer is to keep in view the following points (see Schedule I, 

 Part II (4)): (i) the rent at which the land has hitherto been let, 

 and the value at which it is assessed for rating purposes, (2) the loss 

 (if any) falling upon the owner in consequence of the division of 

 a holding, (3) the length and other conditions of the lease. Under 

 this head any reservations made by the landlord, as of rights of 

 hunting or fishing, are to be taken into account. (4) But there shall 

 not be taken into account any future increment of value for any 

 purpose other than that under consideration, in so far as the landlord 

 has the right to demand the land back for such expressly defined 

 purposes. That is to say that if a landlord, within the duration of 

 the lease, wants his land, or a part of it, for building, mining or any 

 other industrial purpose, it will, under certain conditions, be put 

 at his disposal (section 33 (i)); so that there is no need to take 



