Land Resumption and Compensation
Hardship Claims under the Just Terms Act – New Right of Review
Owners of land reserved for a public purpose, such as future road widening, trunk drainage or public open space, must typically wait for the acquiring authority to take the necessary steps to acquire the land. That process can take several years. The only exception...
Introduction of ‘Buy Back’ Option for Dispossessed Land Owners
One of the more interesting amendments to the recent reforms introduced by the Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW) ("Amendment Act"), which took effect on 1 March 2017, is the potential option for dispossessed land owners to buy back...
Land Owner Denied Compensation for the Construction of a Tunnel under his Property
As a general proposition, an owner of land owns the ground below their property, subject to various reservations imposed by the Crown. The nature of that ownership, however, will not always result in compensation payable to the land owner should a public authority...
Offers of Compromise in Class 3 Proceedings in the NSW Land and Environment Court – The NSW Court of Appeal clarifies the Issue
One of the more intrusive powers available to all levels of government in Australia is the power to compulsorily acquire land or an interest in land, typically required for a designated public purpose. Where disputes arise over the compensation offered by the...
