How is compensation for the compulsory acquisition of my property determined in Tasmania?
In Tasmania, s27 of the Land Acquisition Act 1993 states that:
(1) In determining compensation under this Act, regard is to be had to the following matters:
(a) the market value of the estate of the claimant in the subject land;
(b) any special value the estate in the subject land may have to the claimant which is –
(i) a financial advantage incidental to the claimant’s ownership of that estate; and
(ii) in addition to its market value;
(c) the damage caused by severance of the subject land from other land belonging to the claimant;
(d) the betterment of other land belonging to the claimant which is caused by the carrying out of, or the proposal to carry out, the authorized purpose;
(e) whether other land belonging to the claimant is injuriously affected by the carrying out of, or the proposal to carry out, the authorized purpose;
(f) any disturbance relating to any loss or damage suffered, or cost reasonably incurred, by the claimant as a consequence of the taking of the subject land;
(fa) whether, under any other Act, the claimant or a former owner of the subject land has been paid or awarded any compensation or compensatory costs in connection with the authorised purposes for which it is being acquired;
(g) except as provided in this Part, such other matters as the acquiring authority, the Court or an arbitrator may consider to be relevant.
(2) Subject to subsection (3), the betterment of other land referred to in subsection (1)(d) is to be set off against the amount of compensation determined under subsection (1)(a), (b), (c), (e), (f) and (g).
(3) Where an amount that is set off in respect of the betterment of other land equals or exceeds the amount of compensation that would otherwise be payable by an acquiring authority, no compensation is payable by the authority, nor is anything payable by the claimant to the authority in respect of that betterment.
(4) Subsection (1) does not apply in respect of the determination of compensation where the claimant was, on the day on which the notice to treat or the first notice to treat in relation to the land was served, a tenant at will of the subject land who ordinarily used the land as a principal residence.
Section 33 details those matters to be disregarded in determining compensation:
(1) Each of the following matters is to be disregarded in the determination of compensation in respect of subject land:
(a) any increase in the value of the subject land resulting from its use in a manner, or for a purpose, contrary to law;
(b) any increase or decrease in the value of the subject land arising from the carrying out, or the proposal to carry out, the authorised purpose for which the land was taken;
(c) any special value the subject land may have to the acquiring authority which –
(i) is caused by the particular need the authority has for that land; and
(ii) is in addition to its market value;
(d) any expectation by a claimant who was a lessee of the subject land that the claimant’s lease would be renewed, other than an expectation which is based on an option of renewal in the lease contract;
(e) in relation to land which has been acquired or is being acquired for the purposes of a major infrastructure project, any increase or decrease in the value of the subject land arising, either directly or indirectly, from –
(i) the order under section 7(2) of the Major Infrastructure Development Approvals Act 1999 by which the major infrastructure project was declared or anything done pursuant to that order; or
(ii) the amendment, in relation to the major infrastructure project, of a planning scheme or special planning order pursuant to section 11A of the Major Infrastructure Development Approvals Act 1999 or under any other Act; or
(iii) the grant of a permit for a use or development which is comprised in the major infrastructure project, whether the permit relates to the subject land or to other land; or
(iv) any use or development of the subject land or of other land which is proposed or which has occurred in connection with the major infrastructure project.
(2) For the purposes of subsection (1), “development”, “permit” and “use” have the same meanings as in the Land Use Planning and Approvals Act 1993.
Section 28 states that:
No compensation is payable under section 27(1)(f) where the subject land was not being used for its highest and best use on the day on which the notice to treat, or the first notice to treat, in relation to the land was served.
The Act also details the compensation for:
Acquisitions where land is zoned or reserved for public purpose at section 29
principal residence at section 30
compensation where no general market for interest taken at section 31; and
compensation for tenant at will at section 32.
An expert valuer at Rushmore can assist you formulate a valuation for the purposes of the Tasmanian Land Acquisition Act.