Springfield Land Corporation (No 2) Pty Ltd v Queensland

[2011] HCA 15
Judgment date
Case number
B39/2010
Before
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Catchwords

Real property – Compulsory acquisition - Compensation - Assessment - Section 25(2) of Transport Planning and Coordination Act 1994 (Q) empowered Chief Executive of Department of Main Roads ("Department") to acquire property "for the purposes of transport" - Section 20(3) of Acquisition of Land Act 1967 (Q) ("Acquisition Act") required that, in assessing compensation for acquisition, there be considered any enhancement of value of land adjoining acquired land "by the carrying out of the works or purpose for which the land is taken" - Appellants entered agreement to transfer certain land ("Transfer Land") to respondents for amalgamation with land held by Department in return for payment of compensation set in accordance with Acquisition Act - Nature of purpose for which land is acquired - Whether purpose for which Transfer Land was acquired would enhance value of appellants' adjoining land.

Words and phrases – "purpose for which the land is taken".

Acquisition of Land Act 1967 (Q) – s 20(3).

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