Modernising Compensation Principles for the Regeneration of Land Uses in Highly Urbanised Locations

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Conference Proceeding
Proceedings: Engaging the Challenges, Enhancing the Relevance, 2014
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Redefining compensation in compulsory purchase cases Final with referees amendments.docx Published version68.52 kB
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This paper examines the principles which underpin compensation in the acquisition of land in Australia, and the evolving complexities in determining parity of compensation to the dispossessed party. Surveys used and cases are examined in outlining the purposes for which land is acquired as well as the types of acquisitions which impact dispossessed parties. This provides a basis for establishing a framework which better supports the options for compensation and asks whether expanding existing heads of compensation other than market value provide parity to dispossessed parties. The paper makes its primary contribution by examining whether expanding compensation for disturbance and solatium are options for reinstatement and articulates factors which should be included under these heads of compensation as distinct from market value. It further builds a case for a share in the uplift in value between the dispossessed party and acquiring authority resulting from economic development as the purpose of the acquisition.
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