Refining Principles of Compensation for Traditional and Non-traditional Public Purposes in Land Acquisition

Mangioni, VJ

Refining Principles of Compensation for Traditional and Non-traditional Public Purposes in Land Acquisition

Mangioni, VJ

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Publisher:: State of Australian Cities Conference
Publication Type:: Conference Proceeding
Citation:: State of Australian Cities Conference 2015: Refereed Proceedings, 2015, pp. 1 - 11 (11)
Issue Date:: 2015-12-01

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	Refining Principles of Compensation in Land Acquisition for Urban Renewal Final - Reviewers Changes.docx	Accepted Manuscript version	75.07 kB	Microsoft Word XML	View/Open

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Field	Value	Language
dc.contributor.author	Mangioni, VJ https://orcid.org/0000-0003-0367-2171	en_US
dc.contributor.editor	Burton, P	en_US
dc.contributor.editor	Shearer, H	en_US
dc.date	2015-12-09	en_US
dc.date.available	2015-11-02	en_US
dc.date.issued	2015-12-01	en_US
dc.identifier.citation	State of Australian Cities Conference 2015: Refereed Proceedings, 2015, pp. 1 - 11 (11)	en_US
dc.identifier.issn	2223-0386	en_US
dc.identifier.uri	http://hdl.handle.net/10453/41642
dc.description.abstract	As the capital cities of Australia move from the initial urbanization to a re-urbanisation phase, the impact on existing residents resulting from changes in use or the intensification of existing uses brings into question the adequacy of the current principle of compensation. This paper examines the expanding purposes for which land is compulsorily acquired in Australia, and the evolving complexities in providing parity of value to dispossessed parties. Cases are examined in identifying the emerging purposes for land is acquired and a survey is used in exploring the impact of the types of acquisitions which encompass the partial and total acquisition of land. This provides a basis for establishing a framework which better supports the option for the introduction of the principle of reinstatement and asks whether expanding the existing items of disturbance and solatium is an alternative to improving options for reinstating dispossessed owners. The primary contribution made is through the development of a framework which expands options for reinstatement and articulates factors to be included under the heads of disturbance and solatium as distinct from market value. It further builds a case for a share in the uplift in value resulting from the acquisition of land in the case of economic development, where this purpose is the rationale for the acquisition of land.	en_US
dc.publisher	State of Australian Cities Conference	en_US
dc.relation.ispartof	State of Australian Cities Conference 2015: Refereed Proceedings	en_US
dc.relation.ispartof	State of Australian Cities (SOAC) Conference	en_US
dc.title	Refining Principles of Compensation for Traditional and Non-traditional Public Purposes in Land Acquisition	en_US
dc.type	Conference Proceeding
utslib.location	Gold Coast, Queensland	en_US
utslib.location.activity	Gold Coast	en_US
utslib.for	1205 Urban and Regional Planning	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Design, Architecture and Building
pubs.organisational-group	/University of Technology Sydney/Strength - CCDP - Contemporary Design Practice
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.finish-date	2015-12-11	en_US
pubs.place-of-publication	Gold Coast, Queensland	en_US
pubs.publication-status	Published	en_US
pubs.start-date	2015-12-09	en_US

Abstract:

As the capital cities of Australia move from the initial urbanization to a re-urbanisation phase, the impact on existing residents resulting from changes in use or the intensification of existing uses brings into question the adequacy of the current principle of compensation. This paper examines the expanding purposes for which land is compulsorily acquired in Australia, and the evolving complexities in providing parity of value to dispossessed parties. Cases are examined in identifying the emerging purposes for land is acquired and a survey is used in exploring the impact of the types of acquisitions which encompass the partial and total acquisition of land. This provides a basis for establishing a framework which better supports the option for the introduction of the principle of reinstatement and asks whether expanding the existing items of disturbance and solatium is an alternative to improving options for reinstating dispossessed owners. The primary contribution made is through the development of a framework which expands options for reinstatement and articulates factors to be included under the heads of disturbance and solatium as distinct from market value. It further builds a case for a share in the uplift in value resulting from the acquisition of land in the case of economic development, where this purpose is the rationale for the acquisition of land.

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http://hdl.handle.net/10453/41642