Tim Houweling on Compulsory Land Acquisition and Compensation Claims

Friday January 12, 2018

Tim Houweling is a Partner at Cornerstone Legal and Adjunct Professor of Law at Murdoch University. Tim has primarily practiced law involving Town Planning, Environmental Law, Native Title, Land Compensation matters, and Local Government Law in the Supreme Court and the State Administrative Tribunal. Tim Houweling

We had the pleasure of sitting down with Tim recently to discuss key challenges and opportunities facing the industry today.

You can find the full Q&A below.

Please tell us about your practice and the types of matters you are working on?

We are working for landowners affected by Taking Orders associated with the Perth to Darwin Highway after the Government took land for the construction of the Highway. We are also instructed on a number of other land compensation matters where land has been taken. Additionally we act for some Local Governments and a State Government Agency providing advice on the processes associated with Takings for infrastructure delivery.

You will be presenting an intensive session on compulsory land acquisition and compensation claims. Who would most benefit from attending this session and why?

Everyone should know something about land compensation. However, the people at who this seminar is focussed is lawyers, Local Government employees and State Government employees. However, people in the development industry would also benefit from attending.

Where in WA are compulsory land acquisition and compensation claims most prevalent at the moment and why?

The areas that compensation claims are most prevalent are associated with major infrastructure delivery. This is to provide for new roads, or other infrastructure. In some areas there is also redevelopment works that are being carried out for which land is to be Taken.

What are some of the typical issues a lawyer/planner/valuer/government department officer working in this area might face when dealing with this type of claim?

The first question will also focus on what is the highest and best use of the land without the impact of the public work. This is a difficult question that needs to be considered carefully. It involves a careful examination of the history of land, and a consideration of the planning context. 

You can hear more from Tim at the Compulsory Land Acquisitions and Compensation Claims seminar, being held on Tuesday 20 March at the Parmelia Hilton Hotel, Perth.


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