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NG Bar Prop Law study materials
NG Bar Prop Law study resources

NG Bar Prop Law: Compulsory Acquisition, Resettlement and Compensation

NG Bar Prop Law · Work through your exam, one topic at a time.

All guide sections

Compulsory Acquisition, Resettlement and Compensation

What this domain tests

This domain tests the state's power to acquire land compulsorily, the procedure, resettlement and compensation.

Core rules

  • The state may acquire land for public purposes under the Land Use Act and related public lands legislation; Constitution s.44 requires prompt compensation.
  • The procedure normally includes notice, inquiry, declaration and taking possession.
  • Compensation covers unexhausted improvements, disturbance and resettlement costs, not the market value of the land itself where radical title is in the state.
  • Resettlement may be provided in kind. Disputes over compensation may go to the appropriate tribunal or court.

Worked example

Government acquires farmland for an airport. The farmer owns crops and a barn but not the land. Compensation is assessed for the barn, crops and disturbance; the farmer may be resettled on alternative land. A claim for the freehold value of the land fails because the land is vested in the governor.

Traps

Claiming the full market value of land. Assuming 'public purpose' is unlimited. Ignoring the duty to pay prompt compensation. Overlooking a tenant's or licensee's separate improvements.