of land means the “taking back of land”. Therefore, it is a term
that can only be used by the states as the Crown is the ultimate
owner of all state land. When a state resumes land it is taking back
land that it already owns. For this reason at common law, the state
need not pay compensation for the resumption of land.
with the position of the Commonwealth which when it acquires land for
Commonwealth purposes must pay “just terms” compensation as this
is a requirement of the Constitution.