Changes to Compulsory Acquisitions law .
DOUBLE TROUBLE IN COMPENSATION
El Boustani v The Minister administering the Environmental
Planning and Assessment Act 1979 [2014] NSWCA 33 (El
Boustani) marks a significant change in the approach to
how compensation is awarded in compulsory acquisitions.
In the Land and Environment Court (LEC), the El Boustanis
received compensation for the market value of the property,
disturbance and legal/valuation fees. What was in issue before the
Court of Appeal was whether an extra $920,000 was payable to the El
Boustanis on account of them having to relocate their business that
was operating on the acquired land.
Justice Pepper in the LEC held that the $920,000 to relocate the
business was not payable because the El Boustanis had been
compensated for a higher use, that of urban development.
