The compensation catapult. (2nd January 2019)

• Record Type: Journal Article
• Authors: Sheehan, John; Brown, Jasper
• Is Part Of: Pacific rim property research journal. Volume 25:Number 1(2019)
• Page Start: 21
• Page End: 38
• Publication Date: 2019-01-02
• Subjects: Compensation -- private property rights -- planning law -- property acquisition law; Land use -- Pacific Area -- Periodicals; Real estate business -- Pacific Area -- Periodicals; Real estate investment -- Pacific Area -- Periodicals; Land use; Real estate business; Real estate investment; Pacific Area; Periodicals; 333.33091823
• DOI: 10.1080/14445921.2019.1598008
• Languages: English
• ISSNs: 1444-5921

Abstract

ABSTRACT: Australian property law has steadily evolved to facilitate the recognition of new or previously unrecognised property rights. Concurrently, modern property rights have become increasingly complex. This evolution of property rights has had fundamental implications when addressing compensation for the impairment or acquisition of land (Indigenous or non-Indigenous) by government. Indeed as understanding of property rights advances, the ambit of compensation is catapulted into uncharted waters. This paper highlights the difficulty of containing property rights to a particular set of descriptors and the effect this has on compensation claims. Further, the current methodology for processing compensation claims exposes a disconnect between the public and the New South Wales (NSW) government. Finally, through an exploration of specific examples of compensation for private property rights, this paper concludes that there is need for a workable consensus on good, bad and fair compensation.