An extraordinary number of infrastructure projects are planned or underway across NSW, many of which will require the compulsory acquisition of homes and businesses in the paths of motorways, rail lines and the like. Compulsory land acquisitions are not only emotionally taxing for affected home and business owners, it also requires them to navigate a complex legal regime to achieve “just terms compensation”.
In the first half of this seminar, the presenters will provide a brief overview of the statutory regime governing compulsory acquisition of land, including the various heads setting out legal entitlement to compensation.
In the second half, there will be a discussion about the recent five-member Court of Appeal decision of Roads and Maritime Services v United Petroleum(2019) 99 NSWLR 279, in particular whether projected future profits of a business may taken into account in determining compensation. The presenters will consider whether theUnited Petroleumdecision has overturned the established line of authority following the earlier Court of Appeal decision of Health Administration Corporation v George D Angus(2014) 88 NSWLR 752 and the various legal questions that remain uncertain followingUnited Petroleum.
1 point in Substantive Law.