The Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW) - How will the Amendments Work?

Autor: Patricia Lane
Rok vydání: 2017
Předmět:
Zdroj: SSRN Electronic Journal.
ISSN: 1556-5068
DOI: 10.2139/ssrn.3029023
Popis: The NSW Government has introduced requirements for authorities proposing to undertake compulsory acquisition procedures to make “genuine attempts to reach agreement” with owners of interests in land before proceeding to the formal stage of issuing a Proposed Acquisition Notice. The legislation does not expressly state the consequences for an authority if it fails to make those genuine attempts. This paper considers the nature of an obligation to make “genuine attempts” and compares it with other statutory obligations to negotiate in good faith. It also considers whether the obligation to negotiate is a precondition to a valid acquisition, and other reforms included in the amendments.
Databáze: OpenAIRE