Law of compulsory land acquisition / Marcus Jacobs.

Pyrmont, N.S.W. : Thomson Reuters, 2015.

2nd ed.

86754

Eminent domain -- Australia.

Compensation (Law) -- Australia.

1. Introduction

2. The relevant statutes and their application

3. The nature of interests that may be acquired or that may attract compensation

4. The notice of intention to acquire

5. Objections/court challenges to resumption

6. Entitlement to compensation for pre-acquisition declaration not proceeded with

7. Return of resumed land where the resuming authority no longer requires it

8. The notice of acquisition, its consequences and the lapsing thereof

9. Acquisition by agreement

10. The resuming authority's right of prior entry and to enter into possession

11. The registration of title-occupation-taking possession

12. The resumption of a mortgage interest

13. Compensation where the resumed property is subject to a mortgage

14. Compensation for the taking of lesser interests-leaseholds-easements-mineral rights-profit a prendre

15. Injurious affection

16. Inverse condemnation-resumption compelled by owner in case of hardship

17. Just compensation

18. Market value

19. Comparative or market data approach (the comparable sales method)

20. Income investment or economic approach

21. Land residual technique or hypothetical development method

22. The cost method

23. Special value

24. Severance

25. Actual financial loss/disturbance

26. The highest and best use-the Turner principle

27. The rule against double recovery

28. Where there is no open market/the reinstatement principle and compensation on the reinstatement basis generally

29. Solatium

30. The effect of scheme

31. Compensation for the resumption of farm/rural property

32. Unlawful use

33. Compensatin in regard to the acquisition of a dwelling

34. Claims of compensation

35. Offers of compensation: the acceptance or rejection of the claim

36. Litigating a compensation claim

37. Appeals in compensation litigation

38. An award for the costs in the compensation claims

39. The resumption of roads

40. Resumption and Native Title.

"It is six years since the publication of the first edition of this comprehensive exposition of the law of compulsory land acquisition. Marcus Jacobs QC has meticulously collected the legislation and cases that concern the eight State and Territory legislatures plus the Commonwealth legislation. The first edition was described as 'encyclopedic' as to its treatment of the subject and that remains true. Jacobs has conducted an analysis that includes comparative common law jurisdictions and an array of academic writings. The second edition updates the works treatment of legislative changes and the related case law consequent of the many infrastructure projects put in place over the last six years" -- Richard Schulte, August 2015.

Includes bibliographical references and index.

9780455235011

lxiii, 1106 p. ; 25 cm