Kudrynski v Orange City Council [2023] NSWLEC 9

Kudrynski v Orange City Council [2023] NSWLEC 9

Compensation for compulsorily acquired land, under the Just Terms Act, must be determined on the basis of market value at the date of acquisition, disregarding any increase or decrease in value deriving from the public purpose for which the land was acquired. The highest and best use, as supported by credible town planning and valuation evidence, was for rural-residential subdivision, not water harvesting or mining, and the amount payable is $560,000. No further compensation is available given no evidence of disturbance or other loss.

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Class 3 Compensation (land and Environment Court) / Judgment After Contested Hearing
Outcome
Compensation determined under the Land Acquisition (Just Terms Compensation) Act 1992 as $560,000; costs payable, if any, to applicant by respondent.
Legal Topics
['land Compensation' 'market Value Assessment' 'zoning and Development Constraints' 'flood Prone Land' 'statutory Disregard of Public Purpose' 'disturbance Compensation']
['compulsory Acquisition' 'planning Law'] ['land Compensation' 'market Value Assessment' 'zoning and Development Constraints' 'flood Prone Land' 'statutory Disregard of Public Purpose' 'disturbance Compensation']

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Procedural Posture

Class 3 Compensation (land and Environment Court) / Judgment After Contested Hearing

Legal Issues

  1. 1 ['What is the proper amount of compensation payable for the compulsory acquisition of the applicant’s land under the Land Acquisition (Just Terms Compensation) Act 1992?' "Should compensation reflect the alleged value derived from the Council's stormwater harvesting project or be determined pursuant to statutory market value provisions?"]

Ratio Decidendi

Compensation for compulsorily acquired land, under the Just Terms Act, must be determined on the basis of market value at the date of acquisition, disregarding any increase or decrease in value deriving from the public purpose for which the land was acquired. The highest and best use, as supported by credible town planning and valuation evidence, was for rural-residential subdivision, not water harvesting or mining, and the amount payable is $560,000. No further compensation is available given no evidence of disturbance or other loss.

Court Disposition

Compensation determined under the Land Acquisition (Just Terms Compensation) Act 1992 as $560,000; costs payable, if any, to applicant by respondent.

Orders

  • ['Compensation payable to Kudrynski for the acquired interest in the land at 280-284 Phillip St, Orange is $560,000;' "Orange City Council to pay Kudrynski's legal costs, if any, as agreed or assessed;" 'The exhibits are to be returned.']