Discuss the competing interests of the private landowner and a government authority who wishes to resume his land for a public work.
Why are a state's power of resumption inherently more powerful than that of the Commonwealth? However, effectively they are very similar, why?
Go through, step by step the typical resumption procedure in your state or territory. Are the dispossessed parties treated fairly during the procedure and in the negotiations? Does somebody with expert knowledge have an advantage?
A number of government departments "pride" themselves on never having to go through the resumption process but instead acquire land by "voluntary resumption". Discuss the advantages and disadvantages of this attitude for all the parties concerned in a typical resumption.
What is the role of the Government Gazette in the resumption process? What are the advantages and disadvantages of this method?
Discuss the advantages and disadvantages of a centralised land resumption agency.
Should the Crown resumption officer be independent of any government department?
The settlement of resumption disputes today, tends towards a more informal tribunal or arbitrator.
What are the advantages and disadvantages of formal and informal final decision makers?
A dispossessed homeowner claims special value to himself because the home had been in the family for over 60 years. How would you treat this part of the compensation claim?
A house is resumed which has been on the market for some time. The resuming authority claims that the special value to the owner should be less than market value because the resumption has saved the dispossessed owner both legal and commission costs. Is this argument correct? Discuss.
"Injurious Affection is the most difficult and controversial element of Special Value to the Owner"'Discuss the above quotation, using as an example, the special value to the owner of residential in globo land next door to whom, a busy airport will be erected in 10 years time.
The owner is a subdivisional expert and therefore, claims special value under this head.
Give 5 examples of severance damage that adversely affects the owner of residue land after a road widening.
What is the Rule in Edward's case? Give 5 examples that illustrate the rule.
Can a solatium be claimed under your state or territory's resumption legislation? Is this a good or bad thing?
"Betterment is the opposite to injurious affection except for one important factor “. What is that factor?
Which of the following parties are eligible to claim compensation for commercial premises which has been wholly resumed?
a licensee
a lessee
a mortgagee
the servient tenement of an easement
a trespasser a
an illegal user for retail purposes
Give 5 examples where piecemeal should be used as the primary method of valuation for compensation purposes.
Give 5 examples where before and after should be used as the primary method of valuation for compensation purposes.
18 List and discuss the requisite conditions for the use of reinstatement as the primary method of valuation for resumption purposes. Are these rules fair?
19 Discuss the problem of a statutory land use control, which has been implemented before the date of resumption.
20 Should compensation be paid for a negative change in zoning? Discuss
21 List 5 advantages and disadvantages of using "transferable title rights" as compensation in lieu of special value to the owner.
22 Consider your state's legislation on the question of "hardship" and compare with other states' solutions to this problem.
23 What compensation and legal problems arise with the compulsory taking of native title land?
REFERENCES
ALRC (1980) Land acquisition and compensation Report #14, Canberra, 1980.
Australian Law Reform Committee (ALRC) (1980) Land acquisition and compensation ALRC 14, 1980.
Else Mitchell J (1974) Do existing acquisition acts really provide for just compensation in all cases? The Valuer, January 1974, 2.
Nevill, M (Chairman) (1987) Thirteenth report of the standing committee on government agencies (WA),1987.
Stuart Morris, Report (1983) Land acquisition and compensation Stuart Morris, Melbourne.