In any event, the applicants claimed that their `actual use` of the land acquired was not a `passive investor`, but an active and committed lessor which included tasks such as property inspections, the link with tenants to discuss construction issues, the maintenance of common areas, the recovery of rents, payment of real estate expenses and expenses, repair and maintenance of real estate. and organizing fire safety upgrades. The complainants wanted to distance themselves from a long series of authorities dealing with the issue of passive land use by real estate investors. The Court of Appeal upheld the judgment at first instance and found that none of the applicants` acts or activities concerning the land constituted the actual use or use of the land or its surface by the applicants. They did not occupy the country themselves and did not run business in the countryside. If compensation is set by the General Assessor, Council must propose this amount to the landowner in a “compensation communication”. [16] If the landowner objects to the amount offered, he or she may file his or her claim with the Land and Environment Court of NSW and the court will determine the amount of compensation. [17] In this case, the Commission is free to argue, in the legal proceedings, that a lower amount of compensation than that set by the Appraiser General must be paid. The final decision on land acquisition must be made by decision of the Council, as this is not a decision that can be delegated. [3] However, an agreement in principle may be negotiated with a landowner before making a decision by Council, provided that the agreement is subject to the adoption of a Decision of Council authorizing the purchase.

It is important that the person conducting the negotiations ensure that the landowner understands that any offer is subject to council approval. They will give you more information about the acquisition process and moving and help you address all your concerns. The process of land acquisition or interest in land, such as for example. B of an easement, is supported by the Land Acquisition (Just Terms Compensation Act) Act 1991 (Act). While the NSW Government has released a number of resources to guide stakeholders through the acquisition process, this brief commentary will discuss the most important steps and provide some practical guidance to Council staff. When contact is established with the landowner, the conditions of acquisition can be negotiated to meet the specific needs of the parties. Except in certain circumstances, the law requires councils to make, for at least six months, genuine attempts to acquire land by agreement before taking measures for the compulsory acquisition of the country. [4] The circumstances indicated include whether an agreement is reached before the expiry of the six-month period and the owner concerned refuses to negotiate, cannot be loaned or accepts a shorter period. The 6-month negotiation period also does not apply to the acquisition of land or land below the surface.

If the Council does not propose to acquire all land in a plan filed, it must instruct a surveyor to draw up a plan of survey of the country to be acquired. The nature of the necessary plan depends on the nature of the interest acquired and whether or not the country is acquired under the compulsory procedure. It was the term “actual use of the country.” The Court decided that the applicants owned their respective immovable property as passive investors, with their limited activities related to immovable property which do not constitute an actual use of the land for the purposes of Article 59(1)(f). As such, they had no legal basis for claiming compensation under this provision of the Just Terms Act. .