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The underlying zoning enigma

Journal Article


Abstract


  • © 2016 Pacific Rim Real Estate Society. Australian property rights exist within a sophisticated body of compensation case law and practice. To facilitate infrastructure, jurisdictions such as New South Wales must compulsorily acquire significant tracts of private land. The key factor for investigation in this paper is the prior reservation (or zoning) of such land where designated for a public purpose, which ultimately prohibits private usage. Enabling legislation for all compulsory acquisitions requires the assessment of compensation for the private land holder. Key judgements in various Australian Courts make clear that the question of an underlying zoning is a “jurisdictional fact” that triggers the agency to assess reasonable compensation.

Publication Date


  • 2015

Citation


  • J. Sheehana & A. H. Kelly, 'The underlying zoning enigma' (2015) 21 (3) Pacific Rim Property Research Journal 291-303.

Scopus Eid


  • 2-s2.0-84960367537

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/2312

Number Of Pages


  • 12

Start Page


  • 291

End Page


  • 303

Volume


  • 21

Issue


  • 3

Abstract


  • © 2016 Pacific Rim Real Estate Society. Australian property rights exist within a sophisticated body of compensation case law and practice. To facilitate infrastructure, jurisdictions such as New South Wales must compulsorily acquire significant tracts of private land. The key factor for investigation in this paper is the prior reservation (or zoning) of such land where designated for a public purpose, which ultimately prohibits private usage. Enabling legislation for all compulsory acquisitions requires the assessment of compensation for the private land holder. Key judgements in various Australian Courts make clear that the question of an underlying zoning is a “jurisdictional fact” that triggers the agency to assess reasonable compensation.

Publication Date


  • 2015

Citation


  • J. Sheehana & A. H. Kelly, 'The underlying zoning enigma' (2015) 21 (3) Pacific Rim Property Research Journal 291-303.

Scopus Eid


  • 2-s2.0-84960367537

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/2312

Number Of Pages


  • 12

Start Page


  • 291

End Page


  • 303

Volume


  • 21

Issue


  • 3