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(1)The Scottish Ministers may compulsorily acquire land that they require for the purpose of exercising their functions under section 11.
(2)But the Scottish Ministers may not compulsorily acquire land if—
(a)the land is subject to an arrangement under section 17(1),
(b)the land is—
(i)subject to a forestry dedication agreement, and
(ii)being managed in accordance with a plan of operations that has been approved by the Scottish Ministers, or
(c)the land is held or used by a Minister of the Crown or a department of the Government of the United Kingdom.
(3)The power in subsection (1) includes, in particular, the power—
(a)to acquire any right or interest in or over land,
(b)to acquire a servitude or other right in or over land by the creation of a new right.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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