Orgies of seizure and violence: Compulsory acquisition and private sector redevelopment - lessons for Australia

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Pocock, Melissa
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2015
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This article seeks to continue the debate on extending local government compulsory acquisition powers for the assembly of private sector redevelopment sites, termed economic development takings. The United States Supreme Court decision in Kelo v City of New London 545 US 469 (2005) is analysed and criticisms of the American system, including the use of coercive powers, under-compensation of owners, governmental abuse, targeting of minority and low socio-economic groups and the imposition of dignitary harms, are considered. This article examines whether these criticisms may apply to the Town and Country Planning Act 1990 (UK) and, by extension, an Australian system modelled upon that legislation. It proposes further research to reduce negative impacts of economic development takings including: first, changing how compensation is calculated; secondly, incorporating legislatively defined criteria to measure the direct and indirect public benefits from proposals; and finally, conducting a cost/benefit analysis of implementing relocation assistance, community engagement and public consultation.

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Local Government Law Journal

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20

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© 2015 Thomson Reuters. This article was first published by Thomson Reuters in the Local Government Law Journal and should be cited as Pocock, Orgies of seizure and violence: Compulsory acquisition and private sector redevelopment – lessons for Australia, (2015) 20 LGLJ 27. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.

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Property Law (excl. Intellectual Property Law)

Urban and Regional Planning

Law

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