Compulsory Acquisition and Land Use Control
What the exam tests
Compulsory acquisition and land use control test the state’s power to take land, the requirements of lawful acquisition, compensation, and planning controls. Expect questions on public purpose, notice, inquiry and development permission.
Core rules
- Compulsory acquisition must be authorised by statute, for a public purpose, and follow prescribed procedure: notice, inquiry, vesting, and compensation.
- Compensation is usually assessed on the value of the land, disturbance, and statutory heads. It is not a punishment and does not include speculative development value unless the statute says so.
- Planning control regulates development through permission, zoning, and enforcement. Planning permission does not transfer ownership; it permits use.
- Land use control may include conditions, revocation, and enforcement notices. Judicial review may challenge unlawful decisions.
- In a Land Use Act jurisdiction, land is vested in the state governor, and rights of occupancy replace freehold; compulsory acquisition and revocation must comply with the Act.
Worked example
Government compulsorily acquires A’s land for a road but fails to serve the required notice or hold an inquiry. A challenges the acquisition. The acquisition is likely void or voidable for procedural irregularity, even if the purpose is public. If the procedure were valid, A would be entitled to compensation for the land and disturbance, not for a hoped-for shopping centre that had no permission.
Traps
Assuming “public purpose” covers any government use; ignoring procedural steps; claiming speculative development value; confusing planning permission with title.