Highlights
Task:
Purpose: The purpose of this assignment is to improve your understanding of the compulsory acquisition process including the heads of claim under the Land Acquisition and Compensation Act 1986, as well as case law surrounding assessing compensation payable. Context: The report is based on a hypothetical compulsory acquisition scenario between two parties, however the matter has made it to court as the parties have been unable to agree to date on the final compensation amount. A judge will have to decide the compensation amount due but is heavily reliant on the report submitted by your group (as the judge is not an expert). Whilst you have been engaged by the property owner, remember your first and foremost duty is to the court to advise on the amount of compensation due to the dispossessed. You should refer to relevant legislation and also to previous case legislation to support your heads of claim.
I got a group assignment have to read a 53 page case study and to answer this only question
b) List and explain the heads of claim under the Land Acquisition and Compensation Act 1986 and if each of them apply to the scenario (30 marks); Hint refer to Section 41 2021 Expert Witness Report Scenario
John Smith was the owner of two parcels of land in the locality of Greenacre on the outskirts of Kimba.
The parcels were to the north and south of Black Duck Creek respectively. The John Smith land was Certified Organic and used for agricultural purposes. The farm buildings were situated on Lot 5 adjacent to the creek, marked with a symbol.
The descriptions and areas of the land were:
Parcel A: Lot 4 RP123456 78.66 hectares
Parcel B: Lot 5 RP456789 36.54 hectares
The properties were located in the Non-Urban zone. Minimum lot size for subdivision in this zone is 40 hectares.
Assumed Facts:
1. The property is located in Victoria.
2. The value of the Certified Organic agricultural land such as the Smith farm is $80,000 per hectare.
3. Recent sales of land within the Emerging Communities zone and comparable to the Smith farm (although not organically certified) have been at the rate of $270,000 per hectare in anticipation
of realisation of urban development potential.
4. Farm building improvements include a 3-bedroom brick veneer dwelling in good condition ($150,000), a 9x24m machinery shed ($30,000) and 7x16m workshop ($20,000) both steel frame with Colourbond sheeting in good condition.
5. Mr Smith had a bridge over Black Duck Creek to access the rear lot.
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