Under the Public Works Act 1981, compensation is not limited to the value of land taken. The legal principle is that you should be placed, as far as money can achieve it, in the same position as if the acquisition had not occurred.
Many landowners assume compensation equals “QV value” or the authority’s first valuation. That is incorrect.
Market value must reflect:
Authorities often assess conservatively. Independent valuation is critical.
If only part of your land is taken, compensation must reflect the reduction in value of the remaining land.
Examples:
This covers negative impacts on land that is not physically taken but is affected by the project.
Examples:
This is frequently under-claimed.
Disturbance compensation includes real-world costs such as:
Proper documentation is essential.
Where a business operates from the land, compensation may include:
These claims require accounting and valuation expertise.
Negotiation is expected under the Act.
Early specialist advice materially improves outcomes.