This article was last updated on April 16, 2022
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The Scottish Government seeks to consult landowners before pressing ahead with its proposal for ‘radical’ land reform aimed to improve development in the region.
Under Scottish National Party (SNP) fresh plans, landowners could be forced to “release” or sell their property to local communities if Scottish ministers deem them a “barrier” to development.
It intends to legislate on a number of measures aimed at achieving “a fairer and more equitable distribution of land in Scotland”.
The Government proposes that the Land Reform Bill should include establishing a Scottish Land Reform Commission, which would own the ability to take action against landowners breaching the law, and measures to make information regarding the owner of land and its value more readily available. The new commission would be able to order landholders to “remove” barriers to change where there was “sufficient evidence that current ownership patterns” were blocking it.
The proposed legislation would also limit the companies, trusts and partnerships that can own land in Scotland to within the EU.
According to the government, the reforms will not affect individuals from all over the world who want to buy land in Scotland but will make it easier to contact the landowner or hold them to account if necessary.
The Scottish Government proposals, which were published for consultation, also mentioned that any proposal would have to comply with EU law and the European Convention on Human Rights(ECHR), stating: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions.”
New Scottish First Minister, Nicola Sturgeon has promised to ensure Scotland’s land is more “fairly” distributed, arguing the fact that only 432 owners have half the private land north of the Border, is not right at all. The SNP has benchmarked a target of taking a million acres in community ownership by 2020.
One of the consultation principles states: “The ownership and use of land in Scotland should be in the public interest and contribute to the collective benefit of the people of Scotland.”
It also suggested ending the business rates exemptions for shooting and deerstalking estates, brought in by the Conservatives in 1994.
MSP Jamie McGrigor has told: The Scottish Conservatives believe that the Scottish Government’s land reform proposals are damaging and divisive and will do very little except create a bonanza for lawyers.”
Scottish Land & Estates, which represents landowners, have said its members are the “drivers of sustainable development” but ministers have instead chosen to threaten them with selling their land.
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