Property and Real Estate Gazette (2nd edition)

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4 Property and Real Estate Gazette
Facts
On 14 December 2007, the Queensland Government
(state ) compulsorily acquired two parcels of land
owned by Robert, Marion and Paul Inglis (Inglis) at
Gatton, Queensland, pursuant to the Acquisition of
Land Act 1967 (Act). The state acquired the land for
the purposes of building a correctional facility.
Inglis and the state entered into compensation
negotiations under the Act. However, Inglis and the
state could not come to an agreement concerning the
value of the land. The parties subsequently went to the
Land Court to determine the amount of compensation
payable to Inglis.
Land Court decision
Inglis and the state each retained a valuer to provide
evidence concerning the value of the resumed land.
Ultimately, the Land Court primarily relied on the
evidence of Inglis’ valuer. The Land Court held the
land had a total value of $2,250,000 at the time of
acquisition. Further, the Land Court made an award
of $189,645 for the ‘disturbance’ the acquisition of
the land had upon Inglis (represented by their costs
incurred), and interest on the compensation, including
the award for the disturbance.
Appeal
Inglis and the state each appealed the decision of the
Land Court to the Land Appeal Court of Queensland
(Land Appeal Court ).
Issues
The fundamental issues were:
• Whether the Land Court failed to take into account
the interest of an adjoining property owner as
potential purchasers when assessing the value of
the land;
Case Note
Inglis & Ors v State of Queensland (No 2) [2015]
QLAC 3
Compulsory acquisition of land
In this decision the Land Appeal Court of Queensland decision examines principles
regarding valuation of compulsorily acquired land.