The compensation catapult

John Sheehan*, Jasper Brown

*Corresponding author for this work

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Australian property law has steadily evolved to facilitate the recognition of new or previously unrecognised property rights. Concurrently, modern property rights have become increasingly complex. This evolution of property rights has had fundamental implications when addressing compensation for the impairment or acquisition of land (Indigenous or non-Indigenous) by government. Indeed as understanding of property rights advances, the ambit of compensation is catapulted into uncharted waters. This paper highlights the difficulty of containing property rights to a particular set of descriptors and the effect this has on compensation claims. Further, the current methodology for processing compensation claims exposes a disconnect between the public and the New South Wales (NSW) government. Finally, through an exploration of specific examples of compensation for private property rights, this paper concludes that there is need for a workable consensus on good, bad and fair compensation.

Original languageEnglish
Pages (from-to)21-38
Number of pages18
JournalPacific Rim Property Research Journal
Volume25
Issue number1
Early online date23 Apr 2019
DOIs
Publication statusPublished - 2019

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