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

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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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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