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JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
applicants agreed, read Article 1 (P1-1) as in general impliedly requiring the
payment of compensation as a necessary condition for the taking of property
of anyone within the jurisdiction of a Contracting State.
Like the Commission, the Court observes that under the legal systems of
the Contracting States, the taking of property in the public interest without
payment of compensation is treated as justifiable only in exceptional
circumstances not relevant for present purposes. As far as Article 1 (P1-1) is
concerned, the protection of the right of property it affords would be largely
illusory and ineffective in the absence of any equivalent principle. Clearly,
compensation terms are material to the assessment whether the contested
legislation respects a fair balance between the various interests at stake and,
notably, whether it does not impose a disproportionate burden on the
applicants (see the above-mentioned Sporrong and Lönnroth judgment,
Series A no. 52, pp. 26 and 28, paras. 69 and 73).
The Court further accepts the Commission’s conclusion as to the
standard of compensation: the taking of property without payment of an
amount reasonably related to its value would normally constitute a
disproportionate interference which could not be considered justifiable
under Article 1 (P1-1). Article 1 (P1-1) does not, however, guarantee a right
to full compensation in all circumstances. Legitimate objectives of "public
interest", such as pursued in measures of economic reform or measures
designed to achieve greater social justice, may call for less than
reimbursement of the full market value. Furthermore, the Court’s power of
review is limited to ascertaining whether the choice of compensation terms
falls outside the State’s wide margin of appreciation in this domain (see
paragraph 46 above).
(b’) Applicants’ grievances on the facts
55. The applicants’ grievances as to compensation fall under two heads.
Firstly, the 1967 basis of valuation does not accord the applicants the full
market value of the properties enfranchised (see paragraph 23 (a) above).
Secondly, under both the 1967 and the 1974 bases the property is valued as
at the date of the tenant’s notice of his desire to acquire (see paragraph 26
above), the complaint being that the landlord suffers loss as a result of the
delay between the date of valuation and payment on completion of the
transaction.
56. As to the first head of complaint, the 1967 basis of valuation, the
effect of which is that the tenant pays approximately the site value but
nothing for the buildings on the site, clearly and deliberately favours the
tenant. It was designed to give effect to the view underlying the whole of
the contested legislation, namely that "in equity the bricks and mortar
belong to the qualified leaseholder" because of the money he (or his
predecessor in title) paid out initially as a capital sum and has then spent
over the years on repairs, maintenance and improvements to the house (see