Compulsory acquisition of private property rights for densification in Australia

John Sheehan, Charlie Glinka

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

In the Australian State of New South Wales (NSW) how compulsory acquisition of private property rights by government for urban consolidation and densification is practised and subsequently compensation assessed arguably reveals an underlying flaw in the social narrative between the citizenry and the NSW government. The fact Parramatta City Council was acquiring land for the purpose of transfer for money and other consideration to permit urban consolidation and densification for a profit invalidated the compulsory acquisition of the private property rights of Fazzolari. "An authority of the State that is authorized by law to acquire land by compulsory process in accordance with this Act may so acquire the land even if the land is vested in the authority itself.” In Fazzolari Parramatta City Council intended to acquire private land that would subsequently be sold and redeveloped to form part of land to be called the 'Civic Place'.
Original languageEnglish
Title of host publicationCompulsory Property Acquisition for Urban Densification
EditorsGlen Searle
Place of PublicationMilton
PublisherRoutledge
Chapter12
Pages166-194
Number of pages29
ISBN (Electronic)978-1-315-14408-5
ISBN (Print)978-1-138-50099-0
Publication statusPublished - 2018

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private property
right of ownership
municipal council
consolidation
profit
money
act
narrative
Law

Cite this

Sheehan, J., & Glinka, C. (2018). Compulsory acquisition of private property rights for densification in Australia. In G. Searle (Ed.), Compulsory Property Acquisition for Urban Densification (pp. 166-194). Milton: Routledge.
Sheehan, John ; Glinka, Charlie. / Compulsory acquisition of private property rights for densification in Australia. Compulsory Property Acquisition for Urban Densification. editor / Glen Searle. Milton : Routledge, 2018. pp. 166-194
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Sheehan, J & Glinka, C 2018, Compulsory acquisition of private property rights for densification in Australia. in G Searle (ed.), Compulsory Property Acquisition for Urban Densification. Routledge, Milton, pp. 166-194.

Compulsory acquisition of private property rights for densification in Australia. / Sheehan, John; Glinka, Charlie.

Compulsory Property Acquisition for Urban Densification. ed. / Glen Searle. Milton : Routledge, 2018. p. 166-194.

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

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Sheehan J, Glinka C. Compulsory acquisition of private property rights for densification in Australia. In Searle G, editor, Compulsory Property Acquisition for Urban Densification. Milton: Routledge. 2018. p. 166-194