Taking of Property on Just Terms Bill 2014 (WA)

In this Alert, Special Counsel Karen Browne and Associate Olivia Williamson consider the Taking of Property on Just Terms Bill 2014 (Draft Bill) recently introduced to the Western Australian Parliament.

Key Points:

The Draft Bill seeks to address:

• the common law right to compensation on just terms for the taking of property (including land) even where the taking instrument does not expressly provide for payment on such terms; and
• an avenue of review to a person aggrieved by a public authority taking their land

The Draft Bill clarifies that a public authority must not take, or otherwise interfere with, property, whether by direct or indirect means and whether intentionally or otherwise, except on "just terms".