Executive Forum Just Terms Compensation - Partial Compulsory Acquisition (N191029)
The NSW Court of Appeal decision in RMS v. Desane Properties Pty.Ltd.  NSWCA 196 arguably clarified when the "public purpose" is needed by valuers when undertaking compensation assessments. Notably, the Court stated that it was solely those assessments when only part of the land is compulsorily acquired that required the landowner (and the valuers) to be aware of not only the "bare purpose" but much more [at 268]. The Court drew attention to s.55(f) which is also impacted by s.10A wherein the statutory 6 months negotiation period requires the acquiring public authority to make "a genuine attempt to acquire the land by agreement" before issuing a proposed acquisition notice (PAN).
Professor John Sheehan LFAPI will act as moderator for the forum.
- Tim Robertson SC, Frederick Jordan Chambers
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