FIG Peer Review Journal

Modernising Compensation Principles for the Regeneration of Land Uses in Highly Urbanised Locations (6844)

Vince Mangioni (Australia)

Dr Vince Mangioni
University of Technology, Sydney
PO Box 123, Broadway, Sydney 2007, Australia
Sydney
2007
Australia

Corresponding author Dr Vince Mangioni (email: vincent.mangioni[at]uts.edu.au, tel.: +61 2 95148900)

Published on the web 2014-03-21
Received 2013-11-15 / Accepted 2014-02-06

This paper is one of selection of papers published for the FIG Congress 2014 in Kuala Lumpur, Malaysia and has undergone the FIG Peer Review Process.

FIG Congress 2014
ISBN 978-87-92853-21-9 ISSN 2308-3441
http://www.fig.net/resources/proceedings/fig_proceedings/fig2014/index.htm

Abstract

This paper examines the principles which underpin compensation in the acquisition of land in Australia, and the evolving complexities in determining parity of compensation to the dispossessed party. Surveys used and cases are examined in outlining the purposes for which land is acquired as well as the types of acquisitions which impact dispossessed parties. This provides a basis for establishing a framework which better supports the option for reinstatement and asks whether expanding other heads of compensation which underpin reinstatement is an option. The paper makes it primary contribution through the development of options for reinstatement and articulates factors which should be included under the heads of disturbance and solatium as distinct from market value. It further builds a case for a share in the uplift in value between the dispossessed party and acquiring authority resulting from economic development as the purpose of the acquisition.

Keywords: Urban renewal; Valuation; Reinstatement, Solatium, Disturbance, Traditional Purposes, Economic Development

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