Land acquisition : an examination of the principles of law governing the compulsory acquisition or resumption of land in Australia

Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Contents
	Chapter 1 Acquiring
		Executive power
		Resumption statutes
		Earlier legislation
		Uniform legislation
		English law
		Terminology
		Basic features
		Other activities affecting land
		Powers of resumption
		Exclusion of general resumption provisions
		Constitutional limitation — just terms
		Commonwealth legislation
		State legislation
		Territory legislation
		Judicial decisions
		Crown grants
		Prerogative powers
		Acquiring authorities
		Local governments
		Land
		Interests in land
		Creating new interests
		Native title
		Fixtures
		Minerals
		Purchase by agreement
		Agreements not to resume
		Agreements to resume
		Preliminary warnings
		Reasons for resumption
		Statutory right to object to proposal
		Judicial review of proposal
		Exceeding statutory powers
		Bad faith
		Alternatives to resumption
		Planning considerations
		Resuming excess land
		Resuming portions of land
		Immediate use of resumed land
		Purposes
		Public purpose
		Public works
		Purposes of empowering Act
		Discovery of documents
		Temporary entry
		Trespass
		Taking materials
		Complaints to ombudsman
		Parliamentary scrutiny
		Compelling resumption
		The claimant
	Chapter 2 Procedure
		Intention to resume
		Purpose and effect of notice of intention
		Service of notice of intention
		Absent owner
		Contents of notice of intention
		Amendment or variation of notice
		Cancellation of notice of intention
		Stating purpose of resumption
		Publication of notice
		Determining objections
		Expediting or slowing process
		Urgency
		Vesting resumed land in authority
		Registration
		Date of valuing resumed land
		Revocation or rescinding notice
		Lapse of time
		Remainders of land
		Exchange or resettlement
		Occupation after vesting
		Rent during occupation
		Taking possession
		Ejectment
		Service of notices
		Rates and taxes
		Disposal of resumed land by authority
		Damage to the land
		Establishing title
		Disputed ownership
		The Crown
		Special provisions
		Delegation of powers
		Regulations
	Chapter 3 Compensation
		Introduction
		Entitlement
		Offer or claim
		Notice of claim
		Time limit for making claim
		Withdrawal or amendment of claim
		Absence of claim
		Contents of claim
		Acceptance or rejection of offer or claim
		Separate valuation of interests
		Assessment provisions
		Loss
		Damage
		Market value
		Special value
		One or more purchasers
		Highest and best use
		Liberal estimate
		Absence of buyers
		Enhancement
		Restrictions prior to resumption
		Valuing potential
		Disturbance
		Double recovery
		Unlawful use
		Reinstatement
		Extinguishment of business
		Business loss: goodwill
		Loss from threat of resumption
		Pre-acquisition losses
		Severance: loss to retained land
		Severance: enhancement to retained land
		Injurious affection
		Solatium
		Outstanding pre-existing claims
		Contract of sale
		Leases
		Mortgages
		Easements
		Lesser interests
		Legal and valuation expenses
		Advance payment
		Payment of interest
		Disputed claims
		Time limitations
		Hearings
		Court costs
		Appeals
		Incapacity of claimant
		Compensation held in trust
		Federal income tax
		Capital gains tax
	Chapter 4 Valuation
		Value
		Valuers
		Valuer-general
		Facts, law, inferences, opinions, reasons
		Valuation principles
		Valuation report
		Opinionative activity
		Hearsay evidence
		Differing valuations
		Method of valuation
		Comparable sales
		Sales after resumption
		Sales to resuming authority
		Earlier sales of resumed land
		Earlier offers to buy resumed land
		Other valuations of resumed land
		Possible changes in land use
		Land ripe for subdivision
		Profit and risk factor
		Part of land ripe for subdivision
		Capitalisation
		Productive capacity
		Summation
		Before and after
		Valuers’ liability
		Lawyers’ liability
		Judicial responsibility
		Just laws?
Index