A FIFE farmer’s bid to overturn the Scottish Executive’s decision to give a community group the right to buy his land reached court yesterday.

The action by James Hazle, of Grange Hill Farm, Kinghorn, is the first of its kind in Scotland and could pave the way for similar challenges to decisions made under the Land Reform (Scotland) Act 2003.

Mr Hazle hopes a sheriff will reverse a ruling made in June to give Kinghorn Community Land Association first refusal on the right to buy more than 100 acres surrounding Kinghorn Loch —including a large portion of his farmland.

Although KCLA can only buy land which is put up for sale by a landowner and cannot force a compulsory purchase, the Hazle family fear the ruling will affect the market value of their land and prevent them from leaving it to relatives in their will.

The case called before Sheriff William Holligan at Kirkcaldy yesterday, and a further procedural hearing will be held on November 9, at which stage the sheriff will decide whether to go ahead with a proof.

In the meantime, lawyers representing the Hazle family and Scottish ministers will prepare their arguments.

Gordon Cooke for the Hazle family told the court, “This is a relatively complex matter but it is a serious issue regarding land ownership.

“My understanding is this is the first case of this type in Scotland.”

If the action is successful, it could have ramifications for community land ownership across Scotland.

Under the terms of the Land Reform Act, KCLA can only buy the land if the community gives the go-ahead via a public ballot and the Scottish Executive gives its approval.

An independent valuer would then be appointed by the Executive to come up with a fair market price and KCLA would apply for lottery funding to make the purchase.