Land Resumption and Compensation
Compensation for Land Acquired for Underground Rail Tunnels
Compensation for Land Acquired for Underground Rail Tunnels Compensation for land compulsorily acquired for a railway tunnel will only be possible where a claimant can satisfy one of the criteria set out in clause 2 of Schedule 6B of the Transport Administration Act...
The Compulsory Acquisition of Land under Contract for Sale and Compensation Considerations
Where a party enters into a sale contract to purchase land and – prior to settlement – that land is compulsorily acquired by a government authority, a potential tension arises in circumstances where the market value determined by the Valuer-General is less than the...
Update on Cost Orders in Class 3 Proceedings in the NSW Land and Environment Court
When a dispossessed landowner – having had their land or an interest in land compulsorily acquired – elects to challenge the Valuer-General’s determination of compensation in the Land and Environment Court, the usual rule is that an applicant will be entitled to...
NSW Supreme Court Weighs in on a Determination of the Valuer-General
The usual path to challenging a determination of the Valuer-General in relation to the compulsory acquisition of land vests in Class 3 proceedings of the NSW Land and Environment Court. The nature of those proceedings involves, in effect, a re-determination by the...
Update on Stamp Duty and Land Tax Claims under the Just Terms Act
The compulsory acquisition of land often triggers tax implications for the dispossessed owner, particularly associated with land held in an investment capacity, two of the more common of which are stamp duty and land tax. In the recent decision of Canal Aviv Pty Ltd v...
Resolving Doubts in Favour of the Dispossessed – When the Principles of ‘Caruso’ are Engaged
The decision of Sydney Water Corporation v Caruso [2009] NSWCA 391 is authority for the general principle that, in determining compensation payable to a dispossessed owner, doubts should be resolved in favour of a more liberal estimate. It is a principle which is...
Land Tax Claims under the Just Terms Act
Sale contracts for property typically make provision for the adjustment of land tax, amongst numerous other adjustments, for the purposes of ensuring that the property is transferred free of any tax or charge against the incoming purchaser. Where land is compulsorily...
Stamp Duty Claims associated with the Compulsorily Acquisition of Land
One of the more contentious issues associated with the compulsory acquisition of land in NSW is the issue of stamp duty, and whether or not a dispossessed land owner is entitled to claim – in addition to the other heads of compensation available – stamp duty and...
Remaining in Occupation after your Property is Compulsorily Acquired – Are you Required to Pay Rent to the Acquiring Authority?
The Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ("Just Terms Act") provides that, where a dispossessed land owner remains in occupation of a property after its compulsory acquisition, the acquiring authority is entitled to impose reasonable terms on that...
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...
